Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022) [2025] ZAGPPHC 612 (13 June 2025)

Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022) [2025] ZAGPPHC 612 (13 June 2025)

The court found that the section 129 notice was not properly delivered to the applicant as required by the National Credit Act. The track and trace report did not confirm delivery to the correct post office, and there was no evidence that the applicant received the notice by email. The allegations in the particulars of claim regarding delivery were unsupported by the attachments. As proper delivery of the section 129 notice is a jurisdictional prerequisite for enforcement, the court lacked authority to entertain the matter and the default judgment was erroneously granted. The court held that proceedings could not be adjourned under section 130(4)(b) because they commenced before service...

Citation
[2025] ZAGPPHC 612
Parties
Applicant: Charl Viljoen; Respondent: Firstrand Bank Limited t/a Wesbank
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 June 2025
Case Number
16593/2022
Procedural Posture
Rescission Application / Opposed Application for Rescission of Default Judgment
Outcome
Default judgment rescinded due to non-compliance with section 129 of the National Credit Act.
Judges
LG Kilmartin
Legal Topics
National Credit Act, Section 129 Notice, Default Judgment Rescission, Service of Process, Consumer Credit Enforcement
Civil Procedure Banking and Finance National Credit Act Section 129 Notice Default Judgment Rescission Service of Process Consumer Credit Enforcement

Case Brief

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Parties

Charl Viljoen

Applicant

Firstrand Bank Limited t/a Wesbank

Respondent

Procedural Posture

Rescission Application / Opposed Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the section 129 notice under the National Credit Act was properly delivered to the applicant prior to litigation.
  2. 2 Whether the default judgment was erroneously sought and granted due to non-compliance with statutory notice requirements.
  3. 3 Whether the summons was properly served on the applicant at his domicilium address.

Ratio Decidendi

The court found that the section 129 notice was not properly delivered to the applicant as required by the National Credit Act. The track and trace report did not confirm delivery to the correct post office, and there was no evidence that the applicant received the notice by email. The allegations in the particulars of claim regarding delivery were unsupported by the attachments. As proper delivery of the section 129 notice is a jurisdictional prerequisite for enforcement, the court lacked authority to entertain the matter and the default judgment was erroneously granted. The court held that proceedings could not be adjourned under section 130(4)(b) because they commenced before service...

Court Disposition

Default judgment rescinded due to non-compliance with section 129 of the National Credit Act.

Orders

  • The judgment of Van der Westhuizen J, granted on 11 October 2023, is rescinded.
  • The respondent is ordered to pay the costs of this application on the attorney-and-client scale.