South Africa Case Law

Absa Bank Limited v Frans (2169/2024)

Absa Bank Limited v Frans (2169/2024) [2025] ZAWCHC 154 (28 March 2025)

Court

Western Cape High Court, Cape Town

Case number

2169/2024

Judge

P. S. Van Zyl

The defendant breached the debt review order by making sporadic and insufficient payments. In terms of section 88(3) of the National Credit Act, once default occurs, the debt rearrangement terminates automatically and the credit provider is entitled to enforce the original credit agreement. Subsequent payment of arrears does not reinstate the debt review arrangement. The defendant's reliance on section 86(10)(b) is misplaced, as automatic termination under section 88(3) is not precluded by that provision. The defendant has no bona fide defence to the plaintiff's claim, and the court's discret…

Source excerpt

• National Credit Act
• Debt Review Orders
• Summary Judgment
• Default Under Credit Agreement
• Termination Of Debt Review
• Enforcement Of Security

Changing Tides 17 (Proprietary) Limited N.O. v Wagg and Another (165/2014)

Changing Tides 17 (Proprietary) Limited N.O. v Wagg and Another (165/2014) [2018] ZAECPEHC 4 (22 February 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

165/2014

Judge

E Revelas

The High Court dismissed a creditor’s application to enforce a home loan and declare property executable, finding insufficient proof of breach or arrears.

• National Credit Act
• Debt Review Orders
• Enforcement Of Bond
• Default And Arrears
• Interest Rate Variation
• National-credit-act