South Africa Case Law

Slim B and D Construction (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd (105847/2024)

Slim B and D Construction (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd (105847/2024) [2025] ZAGPPHC 780 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

105847/2024

Judge

MP Kumalo

The court held that the respondent was bound by its settlement offer and ordered transfer of the equipment to the applicant, rejecting the unilateral mistake defence.

• Instalment Sale Agreement
• Unilateral Mistake
• Ownership Transfer
• Settlement Agreement
• Unilateral-mistake
• Settlement-agreements

BMW Financial Services CC v Ndlangisa Funeral Services CC and Another (12251/2023P)

BMW Financial Services CC v Ndlangisa Funeral Services CC and Another (12251/2023P) [2025] ZAKZPHC 66 (9 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12251/2023P

Judge

Masipa

Condonation for the late filing of the summary judgment application is refused because, although the delay was minimal and reasonably explained, the applicant failed to demonstrate any prospects of success in the summary judgment application. The respondents had remedied the arrears prior to the hearing, and the evidence did not establish a persistent breach at the time of summons. Enforcement of cancellation and repossession in these circumstances is contrary to public policy and fairness, as the underlying indebtedness had been cured. The respondents raised genuine disputes of fact regardin…

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• Summary Judgment
• Condonation
• Instalment Sale Agreement
• National Credit Act
• Consumer Protection Act
• Public Policy

Nedbank Limited v EMD Holdings (Pty) Ltd and Another (2021/26364)

Nedbank Limited v EMD Holdings (Pty) Ltd and Another (2021/26364) [2025] ZAGPJHC 589 (12 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/26364

Judge

C.A READ

The High Court granted Nedbank default judgment, holding it had taken reasonable steps to mitigate damages before claiming the outstanding balance under a cancelled instalment sale agreement.

• Duty To Mitigate
• Default Judgment
• Instalment Sale Agreement
• Certificate Of Balance
• Default-judgment
• Mitigation-of-damages

Firstrand Bank Limited t/a Wesbank v Mpungose (52965/2018)

Firstrand Bank Limited t/a Wesbank v Mpungose (52965/2018) [2025] ZAGPPHC 594 (4 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

52965/2018

Judge

N G M Mazibuko

The High Court granted absolution from the instance in a bank’s claim over a repossessed Jaguar, finding insufficient proof of a valid electronic agreement.

• Electronic Signature
• Instalment Sale Agreement
• Absolution From Instance
• Affordability Assessment
• Credit Agreement Compliance
• Absolution-from-instance

Standard Bank of SA Limited v Dladla (033978/24)

Standard Bank of SA Limited v Dladla (033978/24) [2025] ZAGPPHC 581 (3 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

033978/24

Judge

L Coetzee

The High Court granted summary judgment to Standard Bank after finding that re-service of a section 129 notice cured the initial defect and no triable defence was shown.

• National Credit Act
• Section 129 Notice
• Summary Judgment
• Instalment Sale Agreement
• Compliance With Statutory Requirements
• National-credit-act

Kataka v Standard Bank (060093/23)

Kataka v Standard Bank (060093/23) [2025] ZAGPPHC 512 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

060093/23

Judge

N L Moila

The High Court dismissed an application to rescind a default judgment and warrant of delivery, finding the applicant was in wilful default and lacked a bona fide defence.

• Rescission Of Default Judgment
• Service Of Process
• National Credit Act
• Instalment Sale Agreement
• Wilful Default
• Practice Directives

Wesbank a division of Firstrand Bank Limited v Blackatunity Proprietary Limited and Another (2024/004956)

Wesbank a division of Firstrand Bank Limited v Blackatunity Proprietary Limited and Another (2024/004956) [2025] ZAGPJHC 673 (5 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/004956

Judge

Pearse AJ

The court found that the respondents' defence regarding the proper interpretation of the cancellation clause in the instalment sale agreement raised a bona fide triable issue. Specifically, the respondents' argument that the applicant was contractually obliged to give notice of breach before cancellation, and that the agreement's clause 11.1 could reasonably be interpreted as requiring a two-step process, was not without substance and could succeed at trial. The court held that it was undesirable to terminate the litigation at the summary judgment stage when such a defence existed. The court…

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• Instalment Sale Agreement
• Rectification
• Summary Judgment
• Contractual Cancellation
• National Credit Act Compliance

Standard Bank of South Africa Limited v De Waal (1398/2023)

Standard Bank of South Africa Limited v De Waal (1398/2023) [2025] ZANCHC 31; [2025] 3 All SA 276 (NCK) (4 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

1398/2023

Judge

Lever

The court found that the applicant's deponent, Mr Sharpley, had sufficient personal knowledge and control over the relevant records to swear positively to the facts, as required by Rule 32(2) and the SCA's guidance in Rees v Investec Bank. The incorporation by reference of the particulars of claim into the affidavit was permissible and sufficient under the amended Rule 32(2), as confirmed by Firstrand Bank Limited v Badenhorst N.O. and Others. The relief sought for retention of monies paid and leave to approach the court for damages after the sale of goods was competent, following the SCA's a…

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• Summary Judgment
• Certificate Of Balance
• Instalment Sale Agreement
• Liquidated Claim
• National Credit Act
• Contractual Non Variation

Standard Bank of South Africa Limited v Mabunda N.O (060597/2022)

Standard Bank of South Africa Limited v Mabunda N.O (060597/2022) [2025] ZAGPPHC 315 (25 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

060597/2022

Judge

P D Kekana

The High Court confirmed cancellation of two instalment sale agreements after the trust remained in arrears, and ordered return of the financed vehicles.

• Instalment Sale Agreement
• Contract Cancellation
• Section 129 Notice
• Default And Arrears
• Instalment-sale-agreement
• Contract-cancellation

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