Khumalo v Standard Bank of South Africa Limited (NCT/81971/2017/128(1)) [2017] ZANCT 100 (1 September 2017)

Khumalo v Standard Bank of South Africa Limited (NCT/81971/2017/128(1)) [2017] ZANCT 100 (1 September 2017)

The Tribunal found that section 128 of the National Credit Act applies exclusively to the sale of moveable property and not to immoveable property. The sale of the applicant's house was conducted pursuant to a High Court order and governed by High Court Rule 46, not the National Credit Act. The Tribunal held that it lacked jurisdiction to review the sale of immoveable property, as sections 127-131 of the Act do not extend to such sales. The process for enforcing a judgment debt involving immoveable property is distinct from the process for repossession and sale of moveable property under the Act. Accordingly, the application for review was dismissed.

Citation
[2017] ZANCT 100
Parties
Applicant: MUDWA KHUMALO; Respondent: THE STANDARD BANK OF SOUTH AFRICA LIMITED
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 September 2017
Case Number
NCT/81971/2017/128(1)
Procedural Posture
Review Application / Application for Review of Sale Under Section 128 of the National Credit Act
Outcome
Application for review of the sale is dismissed.
Judges
T Woker, H Devraj, F Manamela
Legal Topics
National Credit Act, Sale in Execution, Jurisdiction of Tribunal, Mortgage Bond, High Court Rule 46
Banking and Finance Civil Procedure National Credit Act Sale in Execution Jurisdiction of Tribunal Mortgage Bond High Court Rule 46

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Parties

MUDWA KHUMALO

Applicant

THE STANDARD BANK OF SOUTH AFRICA LIMITED

Respondent

Procedural Posture

Review Application / Application for Review of Sale Under Section 128 of the National Credit Act

Legal Issues

  1. 1 Does section 128 of the National Credit Act apply to the sale of immoveable property at a public auction following a High Court order?
  2. 2 Does the Tribunal have jurisdiction to review the sale of immoveable property under section 128?
  3. 3 Are sections 127-131 of the National Credit Act applicable to sales of immoveable property executed to satisfy a judgment debt?

Ratio Decidendi

The Tribunal found that section 128 of the National Credit Act applies exclusively to the sale of moveable property and not to immoveable property. The sale of the applicant's house was conducted pursuant to a High Court order and governed by High Court Rule 46, not the National Credit Act. The Tribunal held that it lacked jurisdiction to review the sale of immoveable property, as sections 127-131 of the Act do not extend to such sales. The process for enforcing a judgment debt involving immoveable property is distinct from the process for repossession and sale of moveable property under the Act. Accordingly, the application for review was dismissed.

Court Disposition

Application for review of the sale is dismissed.

Orders

  • The application for the review of the sale is dismissed.