South Africa Case Law

Nedbank Limited v Mollentze; Firstrand Auto Receivables (RF) Ltd v Radebe and Another (2757/2021)

Nedbank Limited v Mollentze; Firstrand Auto Receivables (RF) Ltd v Radebe and Another (2757/2021) [2022] ZAMPMHC 5; 2022 (4) SA 597 (ML) (23 March 2022)

Court

Middelburg High Court, Mpumalanga

Case number

2757/2021

Judges

Legodi JP, Mphahlele DJP, Langa J

The court held that section 130(3) of the National Credit Act does not prohibit registrars from granting default judgment in matters governed by the Act. The registrar's powers are established by section 23 of the Superior Courts Act and Rule 31(5)(a), which authorize the registrar to grant default judgment for debts or liquidated demands, including cancellation and return of movable property under a credit agreement. The majority decision in Nkata did not address the registrar's competence under section 130(3), and reliance on the minority judgment is misplaced. The registrar's role is proce…

Source excerpt

• Default Judgment
• National Credit Act
• Registrar Powers
• Liquidated Demand
• Cancellation And Return Of Property