South Africa Case Law

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021)

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021) [2025] ZAGPJHC 740 (24 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46591/2021

Judge

Van Aswegen

The application for leave to appeal does not meet the statutory threshold under section 17(1)(a)(i) of the Superior Courts Act, as the Appellant failed to demonstrate that another court would come to a different conclusion. The grounds of appeal were not clearly articulated in compliance with Rule 49(4), consisting mainly of broad assertions and unsubstantiated criticisms. The Appellant's defences of securitisation, estoppel, and debt risk insurance were speculative, lacked factual support, and were not pleaded with sufficient particularity. The summary judgment order and declaration of execu…

Source excerpt

• Leave To Appeal Standard
• Summary Judgment
• Mortgage Bond Enforcement
• Rule 46a Execution
• Reserve Price Setting
• Locus Standi

Mafuyeka and Another v Standard Bank of South Africa (3835/18)

Mafuyeka and Another v Standard Bank of South Africa (3835/18) [2025] ZAMPMHC 35 (17 July 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3835/18

Judge

Leso

The applicants failed to identify the specific rule under which their rescission application was brought, but the pleadings and submissions were consistent with Rule 31(2)(b). The explanation for default was unsupported by documentary or confirmatory evidence and was found to lack credibility. The applicants were personally served and chose not to participate, amounting to wilful default. No bona fide defence was established, as the alleged payment arrangement was unsubstantiated and the applicants acknowledged their indebtedness. The requirements for rescission under Rule 31(2)(b) were not m…

Source excerpt

• Rescission Of Default Judgment
• Uniform Rules Of Court Rule 31
• Uniform Rules Of Court Rule 42
• Mortgage Bond Enforcement
• Wilful Default

Standard Bank of South Africa v Hendricks (11184/2018)

Standard Bank of South Africa v Hendricks (11184/2018) [2025] ZAWCHC 280 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

11184/2018

Judge

Thulare

The court granted standard-bank execution against a primary residence, finding mortgage and municipal arrears substantial, alternatives exhausted, and execution proportionate.

• Rule 46a Execution
• Mortgage Bond Enforcement
• Primary Residence Execution
• Debt Review Process
• Proportionality In Execution
• Rule-46a-execution

Nedbank Limited v Lekala N.O and Another (27243/2022)

Nedbank Limited v Lekala N.O and Another (27243/2022) [2025] ZAGPPHC 668 (2 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

27243/2022

Judge

LG Kilmartin

Summary judgment was postponed because Nedbank did not provide sufficient updated evidence, including a sworn property valuation needed to set a reserve price.

• Summary Judgment
• Mortgage Bond Enforcement
• Section 129 Notice
• Execution Against Immovable Property
• Administration Of Deceased Estates
• Reserve Price Determination

Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023)

Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023) [2025] ZAFSHC 180 (18 June 2025)

Court

Free State High Court, Bloemfontein

Case number

1342/2023

Judge

Van Zyl

The High Court declared a primary residence specially executable, accepted an updated sworn valuation, set a reserve price, and dismissed procedural objections.

• Rule 46a Execution
• Reserve Price Determination
• National Credit Act Compliance
• Mortgage Bond Enforcement
• Primary Residence Protection
• Rule-46a-execution

Botha v Home Obligors Mortgage Enhanced (33723/15)

Botha v Home Obligors Mortgage Enhanced (33723/15) [2025] ZAGPPHC 653 (11 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

33723/15

Judge

Moila AJ

The High Court dismissed an application for declaratory relief and declared the applicant a vexatious litigant after years of repeated, unsuccessful challenges.

• Declaratory Order
• Vexatious Litigation
• Mortgage Bond Enforcement
• Default Judgment
• Res Judicata
• Vexatious-litigation

SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419)

SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419) [2025] ZAGPPHC 599 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/034419

Judge

S Van Aswegen

The High Court granted judgment on a securitized home-loan claim, declared the property specially executable, and set a reserve price for sale in execution.

• Mortgage Bond Enforcement
• Certificate Of Balance
• National Credit Act Compliance
• Reserve Price Determination
• Summary Judgment
• Special Executability

First Rand Bank Limited v Cilliers and Another (24/040313)

First Rand Bank Limited v Cilliers and Another (24/040313) [2025] ZAGPPHC 598 (3 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

24/040313

Judge

Ncongwane

The High Court granted First Rand Bank judgment against sureties, allowed special execution against their property, set a reserve price, and rejected excussion and non-joinder defences.

• Suretyship Liability
• Rule 46a Execution
• Reserve Price Setting
• Mortgage Bond Enforcement
• Non Joinder
• Excussion Renunciation

Makhetha v SB Guaranteed Company (RF) (Pty) Ltd (17570/23)

Makhetha v SB Guaranteed Company (RF) (Pty) Ltd (17570/23) [2025] ZAGPPHC 523 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

17570/23

Judge

SG Maritz

The High Court dismissed a rescission application after finding proper service, no bona fide defence, and no adequate explanation for the delay.

• Rescission Of Judgment
• Default Judgment
• Mortgage Bond Enforcement
• Service Of Process
• Attorney And Client Costs
• Rescission-of-judgment

ABSA Bank Limited and Another v Mafahleni Engineers and Projects Managers CC and Another (8149/2024P)

ABSA Bank Limited and Another v Mafahleni Engineers and Projects Managers CC and Another (8149/2024P) [2025] ZAKZPHC 52 (20 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8149/2024P

Judge

P C Bezuidenhout

Summary judgment was granted for ABSA and a mortgaged vacant property was declared specially executable, with a reserve price of R1.5 million.

• Mortgage Bond Enforcement
• Summary Judgment
• Suretyship Liability
• Rule 46a Executable Property
• Reserve Price Setting
• Arrears And Interest