Pretoria - The Haitian embassy will know today if it can have its property returned after the high court in Pretoria ordered that it be attached due to non-payment of rent for more than 10 months.
The property was attached after the embassy defaulted on rent for over 10 months, totalling R550 000 at a Waterkloof estate.
The embassy had failed to meet the rent obligations of about R55 000 a month.
On Friday, Judge Nicoline Janse Van Nieuwenhuizen ruled that the movable property be attached and kept in safe storage until the embassy was able to settle the debt.
However, the property was only attached and not removed from the estate as diplomats from the embassy protested against the sheriff driving out of the estate with the property.
They argued that they were protected by diplomatic immunity and attaching their possessions was an illegal act.
The estate is owned by Nosisi Thomaza Sotuku and Ann Hacquebord.
Their legal representative, Mario Coetzee, said the sheriff was not able to move the property as the driveway was blocked by three vehicles with diplomatic registration plates.
“By 10pm there was still an impasse. The sheriff had been there since 11am and had to leave. He was only able to attach the moveable items in the premises but was not able to move them,” Coetzee said.
He said the diplomats argued that their moveable property could not be attached as they enjoyed diplomatic immunity.
Preventing the sheriff from performing his duties was against the law, he said.
“But the immunity does not extend to commercial transactions.
“This order was enforced via the landlord’s tacit hypothec, which means they have the right to attach some property belonging to the tenant through a court order,” Coetzee said.
He said the matter would be heard in the urgent court on Wednesday.
Pretoria News