Classic Crown Properties 55 CC and Others v Standard Bank of South Africa Limited (A314/2021) [2023] ZAGPPHC 1781 (5 October 2023)

Classic Crown Properties 55 CC and Others v Standard Bank of South Africa Limited (A314/2021) [2023] ZAGPPHC 1781 (5 October 2023)

The Full Court held that Rule 46A, which governs the setting of a reserve price in execution proceedings against immovable property, does not apply retrospectively to proceedings initiated before its enactment. There is no indication, either express or implied, that the legislature intended Rule 46A to have retrospective effect. Applying the rule retroactively would interfere with vested rights and undo procedural steps already taken, which is contrary to established legal principles and constitutional fairness. The appeal was dismissed, as the appellants failed to advance any facts justifying the setting of a reserve price and conceded that this issue did not constitute a defence for the...

Citation
[2023] ZAGPPHC 1781
Parties
Appellant: Classic Crown Properties 55 CC; Appellant: Calvin Nyiko Maphophe; Appellant: Thandiwe Lydia Maphophe; Respondent: The Standard Bank of South Africa Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 October 2023
Case Number
A314/2021
Procedural Posture
Civil Appeal / Full Court Appeal From High Court Judgment
Outcome
Appeal dismissed with costs awarded to the respondent on an attorney-client scale.
Judges
S. Potterill, L.A. Retief, M.R. Phooko
Legal Topics
Mortgage Bond Enforcement, Reserve Price in Execution, Retrospective Application of Rules, Suretyship Liability
Civil Procedure Banking and Finance Mortgage Bond Enforcement Reserve Price in Execution Retrospective Application of Rules Suretyship Liability

Case Brief

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Parties

Classic Crown Properties 55 CC

Appellant

Calvin Nyiko Maphophe

Appellant

Thandiwe Lydia Maphophe

Appellant

The Standard Bank of South Africa Limited

Respondent

Procedural Posture

Civil Appeal / Full Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Full Court may entertain a new ground of appeal regarding the setting of a reserve price under Rule 46A.
  2. 2 Whether Rule 46A applies retrospectively to proceedings initiated before its enactment.
  3. 3 Whether the liability of sureties is affected by the reserve price issue.

Ratio Decidendi

The Full Court held that Rule 46A, which governs the setting of a reserve price in execution proceedings against immovable property, does not apply retrospectively to proceedings initiated before its enactment. There is no indication, either express or implied, that the legislature intended Rule 46A to have retrospective effect. Applying the rule retroactively would interfere with vested rights and undo procedural steps already taken, which is contrary to established legal principles and constitutional fairness. The appeal was dismissed, as the appellants failed to advance any facts justifying the setting of a reserve price and conceded that this issue did not constitute a defence for the...

Court Disposition

Appeal dismissed with costs awarded to the respondent on an attorney-client scale.

Orders

  • The appeal is dismissed.
  • Costs are awarded to the respondent on an attorney-client scale.