Bridge Taxi Finance No.5 (Pty) Ltd v Mongala (973/2022) [2022] ZANCHC 74 (4 November 2022)

Parties

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Default Judgment

Legal Issues

1. 1 Whether service of the section 129 notice under the National Credit Act was effected in accordance with the amended statutory requirements.
2. 2 Whether the court erred in refusing default judgment due to improper service of the section 129 notice.
3. 3 Whether the court should have issued directives under section 130(4)(b) of the National Credit Act.

Ratio Decidendi

The court found that the applicant failed to comply with the amended requirements of section 129 of the National Credit Act. Service of the statutory notice by affixing it to the door did not constitute proper service as required by the Act, which mandates delivery by registered mail or to an adult person at the designated address, with proof of delivery. The applicant's reliance on Constitutional Court cases was misplaced, as those cases did not support the contention that affixing the notice was sufficient. The refusal of default judgment was not appealable because the order was not final in effect and did not dispose of the substantive rights of the parties; the applicant could still...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

• The application for leave to appeal is dismissed with costs.