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Menqa v Markom
''Menqa and Another v Markom and Others''〔2008 (2) SA 120 (SCA).〕 is an important case in South African property law, heard in the Supreme Court of Appeal (SCA)〔Scott JA, Cloete JA, Van Heerden JA, Jafta JA and Kgomo AJA.〕 on 5 November 2007, with judgment handed down on 30 November.
== Facts ==
Pursuant to a default judgment against Markom, the first respondent, his residential property was sold in execution to Menqa, the first appellant (who subsequently sold it to the second appellant). The warrant of execution had been issued by the clerk of the magistrates' court without judicial supervision, but prior to the ruling in ''Jaftha v Schoeman; Van Rooyen v Stoltz'',〔2005 (2) SA 140 (CC).〕 wherein the Constitutional Court declared unconstitutional the relevant provision in the Magistrates' Courts Act〔Act 32 of 1944.〕〔s 66(1)(a).〕 and ordered its amendment.
Menqa, therefore, had acted in good faith, having not knowledge at the time of the defect in the warrant. In the Cape Provincial Division, however, Zondi AJ held that the sale in execution, along with all subsequent sales, was nonetheless null and void, since it might compromise Markom's right in the Constitution of access to adequate housing.〔s 26(1).〕 ''Jaftha'' was therefore applied retrospectively, and the court ''a quo'' directed the Registrar of Deeds to reregister Markom as owner of the property.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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