The matter stems from Xulu’s multimillion-rand fee dispute with the department.
Last January, the high court found BXI had unlawfully been paid about R20 million in legal fees by the department and ordered he repay it by 30 April.
It was found by Judge Owen Rogers that BXI had received the payments for work done based on invalid writs of execution and notices of attachment, as the department was entitled to free legal advice from the state attorney.
Rogers also found that the court’s writs of execution were not checked for compliance with the State Liability Act – the act governing work done by any contractor on behalf of the state.