South Africa Case Law

Amardien and Others v Registrar of Deeds and Others (5283/2016)

Amardien and Others v Registrar of Deeds and Others (5283/2016) [2017] ZAWCHC 14; [2017] 2 All SA 431 (WCC) (23 February 2017)

Court

Western Cape High Court, Cape Town

Case number

5283/2016

Judge

A.G. Binns-Ward

The court held that the applicants were in breach of their payment obligations under the contracts once the contracts were recorded, and the seller was entitled to cancel the contracts subject to statutory notice requirements. The fifth respondent provided evidence, supported by track and trace reports, that section 129 notices were sent by registered post to the applicants. The applicants' bare denial of receipt was insufficient to rebut the prima facie evidence of delivery, and they failed to adduce further evidence or indicate what oral evidence would be led to challenge delivery. The cour…

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• Alienation Of Land Act
• National Credit Act
• Delivery Of Statutory Notice
• Contract Cancellation
• Motion Proceedings
• Registered Post Service

Standard Bank of South Africa v B and Another (187/2015)

Standard Bank of South Africa v B and Another (187/2015) [2015] ZAECGHC 55 (14 May 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

187/2015

Judge

C Plasket

The court found that it had jurisdiction over the property in East London. The loan agreement was valid and enforceable, as conceded by the first defendant. The summary judgment application was procedurally proper. The applicant had complied with its statutory obligations by sending section 129 notices by registered mail to both defendants at their chosen addresses, and notifications were issued by the post office. The first defendant's claim of non-receipt due to a post office strike was contradicted by track and trace evidence. The second defendant failed to inform the applicant of her chan…

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• National Credit Act
• Summary Judgment
• Delivery Of Statutory Notice
• Mortgage Bond Enforcement

Rossouw and Another v First Rand Bank Ltd t/a FNB Homeloans (Formerly First Rand Bank of South Africa Ltd) (640/2009)

Rossouw and Another v First Rand Bank Ltd t/a FNB Homeloans (Formerly First Rand Bank of South Africa Ltd) (640/2009) [2010] ZASCA 130; 2010 (6) SA 439 (SCA) ; [2011] 2 All SA 56 (SCA) (30 September 2010)

Court

Supreme Court of Appeal

Case number

640/2009

Judges

Mpati, Navsa, Cloete, Maya, Ebrahim

Section 130(2) of the National Credit Act does not apply to mortgage agreements, and thus does not limit a credit provider’s claim to the proceeds of the sale of the mortgaged property. The bank, as mortgagee, may enforce the entire agreement under section 130(1). However, the bank failed to prove compliance with the statutory requirement to deliver notice under sections 129(1) and 130(1). The evidence presented did not establish that the notice was delivered in the prescribed manner, and documents relied upon by the bank were inadmissible under Uniform Rule 32(4). Compliance with the notice…

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• National Credit Act
• Summary Judgment
• Delivery Of Statutory Notice
• Mortgage Bond Enforcement
• Consumer Protection

Firstrand Bank Ltd v Bernardo and Another (608/09)

Firstrand Bank Ltd v Bernardo and Another (608/09) [2009] ZAECPEHC 19 (28 April 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

608/09

Judge

P C Van der Byl

The court granted summary judgment on a home-loan claim, finding the National Credit Act notice had been delivered and refusing a debt-review referral.

• National Credit Act Compliance
• Summary Judgment
• Mortgage Bond Enforcement
• Delivery Of Statutory Notice
• Summary-judgment
• National-credit-act