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South Africa decisions
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Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022) [2025] ZAGPPHC 612 (13 June 2025)
Default judgment in a credit enforcement matter was rescinded because the section 129 notice under the National Credit Act was not properly delivered.
Locke v Absa Bank (5214/2014) [2016] ZAFSHC 11 (28 January 2016)
The court found that the respondent complied with the requirements of section 129(1)(a), section 130, and section 65(2) of the National Credit Act by delivering the notice to the applicant's chosen domicilium address. The Act does not require personal receipt of the notice by the consumer, only that it be delivered in the manner chosen. The applicant did not deny residing at the address or that the respondent made multiple attempts to notify him of arrears. The court held that the applicant's failure to engage with the notice or respond to the arrears was unreasonable and did not entitle him…
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SA Taxi Development Finance (Pty) Ltd v Phalafala (1512/2013) [2013] ZAGPJHC 55 (28 March 2013)
The court held that the plaintiff complied with the National Credit Act by sending the section 129(1)(a) notice to the defendant's chosen address via registered post, with proof of delivery to the correct post office. Actual receipt by the defendant is not required; delivery and proof thereof suffice. The defendant received the notice with the summons and was fully apprised of his rights, having had the opportunity to act on the notice since service. The statutory time periods had expired, and the defendant did not demonstrate any prejudice or request directions under section 130(4)(b). Non-r…
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Wesbank a division of Firstrand Bank Ltd v Martin (13564/2010) [2010] ZAWCHC 173; 2012 (3) SA 600 (WCC) (13 August 2010)
High Court summary judgment in a credit-enforcement matter under the National Credit Act was granted after valid debt-review termination and no viable defence.
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