It is possible that section 26(1) of the Constitution may be infringed by a sale in execution of mortgaged property. Accordingly, the SCA issued a practice direction to the effect that,  with effect from 15 December 2005, a summons initiating action in which a plaintiff claims an order declaring immovable property executable, shall inform the defendant as follows:

"The defendant’s attention is drawn to section 26(1) of the Constitution of the Republic of South Africa which accords to everyone the right to have access to adequate housing. Should the defendant claim that the order for execution will infringe that right it is incumbent on the defendant to place information supporting that claim before the court."

STANDARD BANK OF SOUTH AFRICA LTD v SAUNDERSON & OTHERS 2006 (2) SA 264 (SCA)