Court overturns third judgment by magistrate

A THIRD judgment by East London magistrate Xoliswa Stuurman has been overturned by the Grahamstown High Court.

In the latest judgment, Judge Elna Revelas found Stuurman's rescission of two judgments, in January and November 2009, should be set aside.

The case involves East London social housing and rental company Own Haven, which obtained the two judgments against Noluthandu Bakana in 2009.

Stuurman later rescinded the two judgments and ordered Own Haven and the sheriff to restore possession of the property to Bakana.

But following a review application, Revelas has ruled in favour of Own Haven, setting aside Stuurman's decisions to rescind the two judgments.

This is the third review in seven months by the Grahamstown High Court of a decision by Stuurman which has gone against the magistrate.

In October last year, Judge Clive Plasket, sitting with Judge Jeremy Pickering, set aside Stuurman's decision to rescind a default judgment against Ilifu Trading 330.

In March this year, Plasket set aside a rescission of a default judgment by Stuurman in a case involving Pumla Ndenze and outstanding payments.