South Africa Case Law

Nedbank Limited v Niemann (2019/4132)

Nedbank Limited v Niemann (2019/4132) [2025] ZAGPJHC 656 (17 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/4132

Judge

Dippenaar

The court found that the plaintiff complied with the procedural requirements of sections 129 and 130 of the National Credit Act by sending the requisite notices and allowing the statutory time periods to lapse before instituting proceedings. The defendant did not formally refer any dispute to the Banking Ombud, nor did he respond to the section 129 notice or accept any proposals. The defendant's dispute regarding the interest calculation was collateral and did not pertain to his arrears, which were undisputed. The PAIA application was lodged after proceedings commenced and was responded to by…

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• National Credit Act
• Debt Enforcement
• Instalment Sale Agreement
• Notice Of Default
• Securitisation
• Promotion Of Access To Information Act

P.J.D v Zantisi Student Services (Pty) Ltd (5841/2023)

P.J.D v Zantisi Student Services (Pty) Ltd (5841/2023) [2023] ZAWCHC 124 (17 May 2023)

Court

Western Cape High Court, Cape Town

Case number

5841/2023

Judge

Patrick

The High Court provisionally wound up Zantisi Student Services (Pty) Ltd after finding the applicant’s repayment claim was established and not bona fide disputed.

• Company Liquidation
• Debt Enforcement
• Oral Contracts
• Prospective Liabilities
• Company-liquidation
• Prospective-liabilities

Standard Bank of South Africa Limited v Wolmarans N.O. and Others (3949/2021)

Standard Bank of South Africa Limited v Wolmarans N.O. and Others (3949/2021) [2022] ZAFSHC 118 (16 May 2022)

Court

Free State High Court, Bloemfontein

Case number

3949/2021

Judge

JP Daffue

The court held that the National Credit Act does not apply to the settlement agreements and suretyships involving the Trust, as the Trust is a juristic person with turnover and assets exceeding the statutory threshold. The settlement agreements, made orders of court, are final and binding unless rescinded, and the respondents failed to establish grounds for rescission under rule 31, rule 42, or the common law. The respondents' defences based on the NCA are without merit, and their factual allegations are improbable and unsupported. The applicant is entitled to judgment against the first to fo…

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• National Credit Act
• Suretyship
• Settlement Agreement
• Debt Enforcement
• Special Executability
• Rescission Of Judgment

Eagles Landing Homeowners Association v AHUJA Properties CC (29808/2017)

Eagles Landing Homeowners Association v AHUJA Properties CC (29808/2017) [2021] ZAGPJHC 391 (31 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

29808/2017

Judge

Constantinides

The court found that the applicant had established, on a balance of probabilities, that the respondent is indebted to it in an amount exceeding R200.00, satisfying the requirements for final liquidation under Section 69(1)(a) of the Close Corporations Act. The respondent admitted liability for levies and penalties and failed to pay even the undisputed portion. The respondent's defences regarding prescription and penalty calculations were not bona fide or reasonable, and the unconditional tenders did not settle the full debt. The respondent did not provide evidence of circumstances warranting…

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• Close Corporations Act
• Provisional Liquidation
• Final Liquidation
• Debt Enforcement
• Bona Fide Dispute
• Prescription

VKB Landbou (Pty) Ltd v Van Deventer (6115/2017)

VKB Landbou (Pty) Ltd v Van Deventer (6115/2017) [2018] ZAFSHC 116 (5 July 2018)

Court

Free State High Court, Bloemfontein

Case number

6115/2017

Judge

I Van Rhyn

The High Court upheld VKB Landbou’s claim, rejected defences of reckless credit and over-indebtedness, and confirmed enforcement of the security agreements.

• National Credit Act
• Reckless Credit
• Over Indebtedness
• Debt Enforcement
• Security Perfection
• National-credit-act

Jiyana and Another v Absa Bank and Others (15952/2016)

Jiyana and Another v Absa Bank and Others (15952/2016) [2017] ZAWCHC 69 (29 June 2017)

Court

Western Cape High Court, Cape Town

Case number

15952/2016

Judge

Meer

The High Court dismissed an application to set aside a default judgment and execution against a home, holding the matter was barred by res judicata.

• National Credit Act
• Debt Enforcement
• Res Judicata
• Mortgage Bond
• Constitutional Property Rights
• Res-judicata

National Credit Regulator v Self Discovery Cash and Marketing CC (NCT/71714/2016/140(1))

National Credit Regulator v Self Discovery Cash and Marketing CC (NCT/71714/2016/140(1)) [2017] ZANCT 148 (23 February 2017)

Court

National Consumer Tribunal

Case number

NCT/71714/2016/140(1)

Judges

T Waker, A Potwana, X May

The Tribunal found repeated National Credit Act contraventions by the respondent, cancelled its credit-provider registration, imposed a R100,000 fine, and ordered a consumer refund audit.

• National Credit Act
• Affordability Assessment
• Unlawful Contract Terms
• Interest Rate Regulation
• Debt Enforcement
• Administrative Penalty

University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others; Association of Debt Recovery Agents NPC v University of Stellenbosch Legal Aid Clinic and Others; Mavava Trading 279 (Pty) Ltd and Others v University of Stellenbosch Legal Aid Clinic and Others (CCT127/15)

University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others; Association of Debt Recovery Agents NPC v University of Stellenbosch Legal Aid Clinic and Others; Mavava Trading 279 (Pty) Ltd and Others v University of Stellenbosch Legal Aid Clinic and Others (CCT127/15) [2016] ZACC 32; 2016 (6) SA 596 (CC); (2016) 37 ILJ 2730 (CC); 2016 (12) BCLR 1535 (CC) (13 September 2016)

Court

Constitutional Court

Case number

CCT127/15

Judges

Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Nkabinde J, Zondo J

The Constitutional Court held that section 65J(2) of the Magistrates’ Courts Act, in its original form, permitted emoluments attachment orders to be issued without mandatory judicial oversight, which is inconsistent with section 34 of the Constitution. The absence of judicial supervision allowed for abuses and hardship among vulnerable debtors, as orders could be issued by clerks of the court based on written consent or procedural compliance, without a magistrate’s consideration of the debtor’s circumstances. The Court found that judicial oversight is constitutionally indispensable for all fo…

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• Judicial Oversight
• Emoluments Attachment Orders
• Magistrates Courts Act
• National Credit Act
• Access To Court
• Debt Enforcement

Nedbank v Gossayn and Others (33795/12)

Nedbank v Gossayn and Others (33795/12) [2015] ZAGPJHC 173 (18 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

33795/12

Judge

M Victor

The High Court held that a loan consolidation agreement fell outside the National Credit Act and granted Nedbank judgment, interest, costs, and execution orders.

• National Credit Act
• Certificate Of Balance
• Suretyship
• Consolidation Agreement
• Debt Enforcement
• National-credit-act

Sebola and Another v Standard Bank of South Africa Ltd and Another (CCT 98/11)

Sebola and Another v Standard Bank of South Africa Ltd and Another (CCT 98/11) [2012] ZACC 11; 2012 (5) SA 142 (CC); 2012 (8) BCLR 785 (CC) (7 June 2012)

Court

Constitutional Court

Case number

CCT 98/11

Judges

Cameron, Yacoob, Froneman, Khampepe, Maya, Nkabinde, Skweyiya, van der Westhuizen, Zondo, Mogoeng, Jafta

The Constitutional Court held that section 129(1)(a) of the National Credit Act requires that the credit provider take reasonable measures to bring the notice to the attention of the consumer. Mere proof of despatch by registered mail is not sufficient; the credit provider must also prove that the notice was delivered to the correct post office for collection by the consumer. This approach gives proper effect to the statutory scheme, which aims to afford consumers a last opportunity to avoid judicial enforcement and to access non-litigious remedies. The Court found that the Bank failed to pro…

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• National Credit Act
• Consumer Protection
• Notice Requirements
• Default Judgment
• Debt Enforcement
• Bill Of Rights Limitation