Legoabe v ABSA Bank (NCT/3032/2011/128(1)(P)) [2012] ZANCT 5 (30 March 2012)

Legoabe v ABSA Bank (NCT/3032/2011/128(1)(P)) [2012] ZANCT 5 (30 March 2012)

Sections 127 and 128 of the National Credit Act do not apply to the sale of immovable property attached and sold in execution pursuant to a mortgage agreement. Section 131 does not extend these provisions to the applicant's case, as the property in question is immovable and not the subject of a credit agreement as defined in the Act. The process of execution against immovable property is governed by High Court Rule 46, and once the property is attached by the sheriff, the applicant no longer has the right to sell it. The Tribunal has no authority under the National Credit Act to review the sale of the applicant's immovable property in these circumstances. The application must therefore fail.

Citation
[2012] ZANCT 5
Parties
Applicant: Reginald Sethole Legoabe; Respondent: Meeg Bank (ABSA Bank)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 March 2012
Case Number
NCT/3032/2011/128(1)(P)
Procedural Posture
Review Application / Final Determination
Outcome
Application for review of the sale of goods is dismissed.
Judges
Fati K. Manamela, Xolela May, Joseph M. Maseko
Legal Topics
National Credit Act, Mortgage Bond, Execution Against Immovable Property, Review of Sale, High Court Rule 46
Civil Procedure Banking and Finance National Credit Act Mortgage Bond Execution Against Immovable Property Review of Sale High Court Rule 46

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Parties

Reginald Sethole Legoabe

Applicant

Meeg Bank (ABSA Bank)

Respondent

Procedural Posture

Review Application / Final Determination

Legal Issues

  1. 1 Does section 127 and 128 of the National Credit Act apply to the sale of immovable property attached and sold in execution?
  2. 2 Does section 131 of the National Credit Act extend the application of section 127 to the applicant's case?
  3. 3 Is the Tribunal empowered to review the sale of the applicant's immovable property under the National Credit Act?

Ratio Decidendi

Sections 127 and 128 of the National Credit Act do not apply to the sale of immovable property attached and sold in execution pursuant to a mortgage agreement. Section 131 does not extend these provisions to the applicant's case, as the property in question is immovable and not the subject of a credit agreement as defined in the Act. The process of execution against immovable property is governed by High Court Rule 46, and once the property is attached by the sheriff, the applicant no longer has the right to sell it. The Tribunal has no authority under the National Credit Act to review the sale of the applicant's immovable property in these circumstances. The application must therefore fail.

Court Disposition

Application for review of the sale of goods is dismissed.

Orders

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