South Africa Case Law

Heunes v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Others (2793/2022)

Heunes v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Others (2793/2022) [2025] ZAGPPHC 444 (6 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2793/2022

Judge

Hershensohn AJ

The court found that the applicant did not provide sufficient evidence that the payment of R1,440,000.00 was adequate to settle all arrears, default charges, and reasonable enforcement costs as required by section 129(3) of the National Credit Act. The bond account statements and correspondence from the respondents indicated that arrears remained outstanding after the payment. The right to reinstatement under section 129(3) is triggered only when all prescribed amounts are paid, and in this case, the applicant failed to demonstrate compliance. The relief sought was therefore not justified on…

Source excerpt

• Summary Judgment
• Sale In Execution
• Reinstatement Of Credit Agreement
• National Credit Act Section 129
• Arrears Calculation

Firstrand Bank Limited v Van Rooyen and Another (4636/2019)

Firstrand Bank Limited v Van Rooyen and Another (4636/2019) [2025] ZAMPMHC 15 (25 March 2025)

Court

Middelburg High Court, Mpumalanga

Case number

4636/2019

Judge

Langa

The High Court granted summary judgment to FirstRand Bank for the mortgage debt, rejected the legal-costs defence, and declared the property specially executable.

• Summary Judgment
• Mortgage Bond Enforcement
• Rule 46a Special Executability
• Arrears Calculation
• Legal Costs Liability
• Certificate Of Balance

S v Ntepe & Another (4437/2021; 4051/2021)

S v Ntepe & Another (4437/2021; 4051/2021) [2022] ZAFSHC 78 (22 March 2022)

Court

Free State High Court, Bloemfontein

Case number

4437/2021; 4051/2021

Judge

Opperman

The court found that the defendant disclosed a bona fide defence to the plaintiffs' claims, specifically regarding the calculation of arrears, inclusion of insurance and tracker fees, and the provision of statements of account. The plaintiffs failed to demonstrate careful compliance with the National Credit Act and did not adequately prove the correctness of their claims. The defendant continued making payments and raised legitimate disputes about the instalment amounts and interest calculations. The court held that summary judgment would be premature and contrary to constitutional values and…

Source excerpt

• Summary Judgment
• Credit Agreements
• National Credit Act Compliance
• Locus Standi
• Section 129 Notice
• Arrears Calculation

Firstrand Bank Limited v Madonsela and Another (57786/2019)

Firstrand Bank Limited v Madonsela and Another (57786/2019) [2020] ZAGPPHC 548 (27 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

57786/2019

Judge

Modisa

Default judgment was granted in a mortgage enforcement case, with the property declared specially executable, a reserve price set, and execution suspended for three months.

• Default Judgment
• Mortgage Bond Enforcement
• Reserve Price Setting
• Special Executability
• Arrears Calculation
• Default-judgment

Standard Bank of South Africa v Venter (9117/2014)

Standard Bank of South Africa v Venter (9117/2014) [2017] ZAGPPHC 327 (29 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

9117/2014

Judge

M Teffo

The court found that the respondent defaulted on both the instalment sale agreement and the debt re-arrangement order made an order of court. In terms of section 88(3) of the National Credit Act, the applicant was entitled to enforce the credit agreement without further notice under section 129(1) or 86(10), as these sections do not apply to debts subject to debt restructuring orders. The respondent's technical objections regarding locus standi, ownership, and calculation of arrears were dismissed as lacking merit. The applicant provided sufficient proof of ownership and the outstanding balan…

Source excerpt

• National Credit Act
• Debt Restructuring
• Instalment Sale Agreement
• Locus Standi
• Arrears Calculation

S v Seseane (A557/15)

S v Seseane (A557/15) [2015] ZAGPPHC 829 (18 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

A557/15

Judges

S A M Bagwa, N Ranchod

High Court review of a maintenance-conviction sentence. The court set aside an unclear sentence and substituted a suspended prison term with explicit payment and attachment orders.

• Maintenance Order Enforcement
• Suspended Sentence
• Attachment Of Pension Benefits
• Arrears Calculation
• Maintenance-order-enforcement
• Suspended-sentence