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South Africa decisions
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Standard Bank of South Africa v Hendricks (11184/2018) [2025] ZAWCHC 280 (9 July 2025)
The court granted standard-bank execution against a primary residence, finding mortgage and municipal arrears substantial, alternatives exhausted, and execution proportionate.
Van Wyk v Regional Magistrate Mbululu and Another (CA115/2022) [2024] ZAECMKHC 16 (30 January 2024)
The High Court dismissed an appeal against cancellation of an instalment agreement, holding no fresh section 129 notice was needed and debt review was not pending.
Mabuduga v Nedbank Limited (76369/2014) [2019] ZAGPPHC 370; 2020 (1) SA 599 (GP) (26 July 2019)
The court found that neither the debt counsellor nor the consumer has the statutory authority to withdraw a debt review application after it has been filed under section 86(1) of the National Credit Act. The purported withdrawal by the debt counsellor was ultra vires and of no legal effect. Consequently, the default judgment obtained by Nedbank was premature, as the debt review process was still pending. The court held that the debt review process must resume from where it was interrupted, and the parties must cooperate in good faith to restructure the home loan agreement. The settlement term…
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Ngcongo v Roets t/a Debt Rescue and Others (7521/17P) [2017] ZAKZPHC 60 (22 September 2017)
The court held that the debt counsellor failed to comply with the statutory requirements of the National Credit Act by not issuing and filing the application for a declaration of over indebtedness and restructuring at the magistrate's court. Without judicial oversight and a court order, no valid declaration of over indebtedness or restructuring exists. The applicant did not provide sufficient disclosure of his debts and repayments to establish that he was no longer over indebted. The process adopted by the debt counsellor was procedurally flawed, and the relief sought by the applicant could n…
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Firstrand Bank Limited v Ortell and Another (332 /2012) [2013] ZANCHC 49 (28 June 2013)
The High Court declared a mortgaged property executable after finding default, unsuccessful execution against movables, and no sufficient basis to refuse execution.
Wesbank A Division of Firstrand Bank Ltd v Schroder, In re: Stoltz v Wesbank A Division of Firstrand Bank Ltd and Another (EL1450/2011, ECD2485/2011) [2012] ZAECELLC 1 (24 February 2012)
The court refused to resume debt review under section 86(11) of the National Credit Act and granted summary judgment to Wesbank for possession of the vehicle.
SA Taxi Securitation (Pty) Ltd v Mbovane and Others (6687/2009) [2011] ZAWCHC 227 (17 May 2011)
The court held that the plaintiff's particulars of claim did disclose a cause of action. The plaintiff had pleaded that it furnished the defendants with notice terminating the debt review process in terms of section 86(10) of the National Credit Act, and that the defendants were in default for the requisite periods. The court found that clause 9.2 of the lease agreement required notice only if the defendant was entitled to it, and that the plaintiff had complied with the statutory notice requirements. The defendants were not protected against enforcement proceedings because, at the time the s…
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SA Taxi Securitisation (Pty) Ltd v Mongezi Moni and Others (CA 265/10, CA 266/10, CA 267/10) [2011] ZAECGHC 11 (28 April 2011)
The appeal succeeded because the magistrate acted ultra vires in reducing the interest rates stipulated in the lease agreements, which is not permitted under section 86(7)(c)(ii)(aa) of the National Credit Act. The magistrate also erred in finding that service of the debt review applications was properly effected by sheriff when, in fact, it was by fax without the appellant's consent. While defective service alone did not constitute a substantial defence, the appellant was entitled to rescission and its day in court to dispute over-indebtedness and the debt restructuring proposals. The respon…
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Nedbank v Fourie and Another (3589/2010) [2010] ZAFSHC 163 (25 November 2010)
The court postponed a bank’s summary judgment application after finding the section 86(10) debt-review termination notice was not properly served under the NCA.
First Rand Bank Ltd v Evans (1693/10) [2010] ZAECPEHC 55 (31 August 2010)
The court held that the National Credit Act entitles a credit provider to terminate the debt review process under section 86(10) even after the debt counsellor has referred the matter to the Magistrate's Court, up until a restructuring order is made. The consumer's rights are protected by section 86(11), which allows the Magistrate's Court to order the resumption of the debt review process if justice so requires. Section 129(2) does not preclude the delivery of a termination notice in these circumstances. The defendant failed to establish a defence to the plaintiff's claim for summary judgmen…
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