South Africa Case Law

Firstrand Mortgage Company (RF) (Pty) Ltd v Pretorius (1127/2024)

Firstrand Mortgage Company (RF) (Pty) Ltd v Pretorius (1127/2024) [2025] ZAWCHC 100 (11 March 2025)

Court

Western Cape High Court, Cape Town

Case number

1127/2024

Judge

P. S. Van Zyl

The plaintiff complied with section 129 of the National Credit Act by delivering the required notice to the defendant's chosen domicilium address via registered mail, as confirmed by the track-and-trace report. The defendant did not formally notify the plaintiff of any change of address in accordance with the agreements. The deponent to the verifying affidavit had sufficient personal knowledge through access to the plaintiff's records. The amount claimed is supported by a certificate of balance, and the defendant's objections regarding legal fees are unfounded as those fees post-date the cert…

Source excerpt

• National Credit Act Compliance
• Summary Judgment
• Rule 46a Execution
• Mortgage Foreclosure
• Certificate Of Balance
• Constitutional Housing Rights

Absa Bank Limited v Potgieter (2344/2013)

Absa Bank Limited v Potgieter (2344/2013) [2017] ZAECPEHC 8 (31 January 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2344/2013

Judge

J W Eksteen

Bank succeeded on a mortgage loan claim, with the court rejecting reckless-credit and debt-review defences and declaring the mortgaged property executable.

• Mortgage Bond Enforcement
• Reckless Credit
• National Credit Act Compliance
• Special Executability
• Debt Review
• Constitutional Housing Rights

Nederburg Wine Farms v Bester and Others (A777/2010)

Nederburg Wine Farms v Bester and Others (A777/2010) [2011] ZAWCHC 305 (10 August 2011)

Court

Western Cape High Court, Cape Town

Case number

A777/2010

Judges

Mantame, Hlophe

High Court appeal in an eviction dispute held that long-term farm residents were protected dependants under ESTA and entitled to 12 months’ notice.

• Extension Of Security Of Tenure Act
• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Dependants Rights
• Constitutional Housing Rights
• Extension-of-security-of-tenure-act