GUEST:  Claudette Dutilleux- Director Dispute Resolution Cliffe Dekker Hofmeyr 

Enforcing international judgments in South Africa requires navigating a complex legal framework. While the Enforcement of Foreign Civil Judgments Act applies to Namibia, judgments from other countries must meet stringent common law requirements. These include the foreign court’s jurisdiction, finality of the judgment, adherence to natural justice, and compliance with South African public policy. Courts also retain discretion in deciding whether to recognize a foreign judgment, particularly if it conflicts with local laws or constitutional rights. Understanding the process and potential challenges is crucial for ensuring a foreign judgment can be successfully enforced within South Africa's legal system.