Van den Heever v VKB Landbou (Pty) Ltd (1356/2024) [2025] ZAFSHC 52 (18 February 2025)

Van den Heever v VKB Landbou (Pty) Ltd (1356/2024) [2025] ZAFSHC 52 (18 February 2025)

The application for leave to appeal was dismissed because the applicant failed to raise the alleged unlawfulness of the credit agreements and supplementary documents in his answering affidavit or during argument. No factual basis was laid for these defences, and the only reference to unlawfulness was a passing mention in counsel's heads of argument. The court found that none of the agreements relied upon by VKB excluded the National Credit Act or were entered into contrary to its provisions. The Notarial Bond was not supplementary to any credit agreement and dealt only with security. The facts of the cited cases were distinguishable, and the Supreme Court of Appeal had resolved any...

Citation
[2025] ZAFSHC 52
Parties
Applicant: Johannes Stephanus van den Heever; Respondent: VKB Landbou (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 February 2025
Case Number
1356/2024
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Application for leave to appeal dismissed with costs.
Judges
JP Daffue
Legal Topics
Leave to Appeal, National Credit Act, Notarial Bond, Acknowledgement of Debt, Parate Executie
Civil Procedure Banking and Finance Leave to Appeal National Credit Act Notarial Bond Acknowledgement of Debt Parate Executie

Case Brief

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Parties

Johannes Stephanus van den Heever

Applicant

VKB Landbou (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether the credit agreements and acknowledgements of debt are unlawful and void under the National Credit Act.
  2. 2 Whether conflicting judgments justify leave to appeal.
  3. 3 Whether the court failed to make findings on non-compliance with sections 89 to 92 of the National Credit Act.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to raise the alleged unlawfulness of the credit agreements and supplementary documents in his answering affidavit or during argument. No factual basis was laid for these defences, and the only reference to unlawfulness was a passing mention in counsel's heads of argument. The court found that none of the agreements relied upon by VKB excluded the National Credit Act or were entered into contrary to its provisions. The Notarial Bond was not supplementary to any credit agreement and dealt only with security. The facts of the cited cases were distinguishable, and the Supreme Court of Appeal had resolved any...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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