South Africa Case Law

Prudential Authority v J.P.N and Another (9879/2021P)

Prudential Authority v J.P.N and Another (9879/2021P) [2024] ZAKZPHC 121 (13 December 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9879/2021P

Judge

Pietersen

The court found that the applicants failed to provide a reasonable explanation for their default in opposing the sequestration application, as both Mr N[...] and his attorney overlooked the notice of set down and did not take steps to oppose. The evidence presented regarding service of the provisional order was insufficient to disturb the sheriff's return of personal service. The applicants accepted liability for the amount claimed by the Authority, and their reliance on the 2018 court order was misplaced as it related to section 84, not section 83 of the Banks Act. The applicants did not cha…

Source excerpt

• Leave To Appeal Test
• Sequestration
• Banks Act Section 83
• Rescission Of Judgment
• Service Of Process

Prudential Authority v Dlamini and Another (36/2023)

Prudential Authority v Dlamini and Another (36/2023) [2024] ZASCA 133; [2025] 1 All SA 76 (SCA); 2025 (1) SA 365 (SCA) (2 October 2024)

Court

Supreme Court of Appeal

Case number

36/2023

Judges

Zondi, Mbatha, Kgoele, Seegobin, Keightley

The SCA held that failure to comply with a Banks Act repayment directive can justify provisional sequestration without separate proof of factual insolvency.

• Banks Act Section 83
• Banks Act Section 84
• Sequestration
• Prima Facie Insolvency
• Advantage To Creditors
• Banks-act

Prudential Authority v Ngubane and Another (9879/2021P)

Prudential Authority v Ngubane and Another (9879/2021P) [2024] ZAGPJHC 948 (25 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

9879/2021P

Judge

Pietersen AJ

Rescission of provisional and final sequestration orders dismissed after the court found no reasonable default explanation, no bona fide defence, and no error.

• Banks Act Section 83
• Sequestration
• Service Of Process
• Rescission Of Judgment
• Insolvency Act Section 149
• Advantage To Creditors

Prudential Authority v Jafta (1219/2018)

Prudential Authority v Jafta (1219/2018) [2023] ZAECQBHC 4 (31 January 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1219/2018

Judge

V P Noncembu

The court held that the respondent's failure to comply with the repayment directive issued under section 83(1) of the Banks Act constitutes an act of insolvency as per section 83(3)(b). The respondent's argument regarding prescription was dismissed, as sequestration proceedings are not for the enforcement of a debt and thus not subject to prescription. The applicant's locus standi was confirmed, with the Deputy Registrar empowered to act and the substitution of the Prudential Authority statutorily mandated. The directive was validly issued, and the absence of the true amount in the directive…

Source excerpt

• Banks Act Section 83
• Insolvency Act Section 9
• Prescription Act Section 11
• Locus Standi
• Failure To Disclose Cause Of Action