South Africa Case Law

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025)

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025) [2025] ZANWHC 148 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

2495/2025

Judge

Malane

The High Court dismissed a specific performance claim after finding that an acknowledgment of debt was a credit agreement under the NCA and the applicant was unregistered.

• National Credit Act
• Credit Provider Registration
• Specific Performance
• Acknowledgment Of Debt
• In Duplum Rule
• National-credit-act

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21)

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

18093/21

Judge

Phooko

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal Threshold
• Postponement
• Costs Order
• Ombudsman Referral
• National Credit Act
• Constitutional Rights

Capper v Wasserman (18 July 2025) (068622/2024)

Capper v Wasserman (18 July 2025) (068622/2024) [2025] ZAGPPHC 742 (18 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

068622/2024

Judge

Janse Van Nieuwenhuizen

The High Court held that a R1 million loan between close family-like parties was not an arm’s length credit agreement under the National Credit Act.

• Loan Agreement
• National Credit Act
• Arm S Length Transaction
• Punitive Costs
• Familial Relationship Exception
• Loan-agreement

Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023)

Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023) [2025] ZAGPPHC 724 (17 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

B1133/2023

Judge

Ferreira AJ

The court found that the applicants failed to establish a clear right to a final interdict restraining the sale in execution of their property. Although the applicants paid substantial amounts towards the arrears, they did not pay all amounts due, including monthly instalments following the default judgment, as required to reinstate the credit agreement under section 129(3) of the National Credit Act. The disputed facts regarding the precise arrears and the need for an audit of the account meant that, applying the Plascon-Evans rule, the matter had to be decided in favor of the respondent. Th…

Source excerpt

• National Credit Act
• Sale In Execution
• Final Interdict
• Arrears Reinstatement
• Default Judgment

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…

Source excerpt

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

Potpale Investments (Rf) (Pty) Ltd v Leteane (2025/047232; 2025/048371; 2025/048374; 2025/048376)

Potpale Investments (Rf) (Pty) Ltd v Leteane (2025/047232; 2025/048371; 2025/048374; 2025/048376) [2025] ZAGPJHC 682 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/047232; 2025/048371; 2025/048374; 2025/048376

Judge

Strobl AJ

The court held that delivery of section 129 notices by the sheriff at the designated address, even though the respondents had selected registered mail as their preferred method, constituted proper delivery under section 129(5)(b) of the National Credit Act. The court reasoned that the applicant took all reasonable steps to deliver the notices, including dispatching the sheriff during working hours and leaving the notices at a prominent place when no adult was present. The court found that the sheriff's returns provided greater assurance and proof of delivery than registered mail would have, e…

Source excerpt

• National Credit Act
• Section 129 Notice
• Proof Of Delivery
• Preferred Method Of Service
• Consumer Protection

National Credit Regulator v Nonies Legacy (Pty) Ltd t/a Nonies Legacy Cash Loans (NCT-384962-2025-57(1))

National Credit Regulator v Nonies Legacy (Pty) Ltd t/a Nonies Legacy Cash Loans (NCT-384962-2025-57(1)) [2025] ZANCT 38 (23 June 2025)

Court

National Consumer Tribunal

Case number

NCT-384962-2025-57(1)

Judges

MC Peenze, CJ Ntsoane, ZP Ntuli

The Tribunal found a credit provider repeatedly breached the National Credit Act, declared the conduct prohibited and reckless, cancelled registration, and imposed a R100,000 fine.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Administrative Fine
• Credit Provider Registration
• Consumer Protection

Standard Bank of South Africa Limited v Vavi and Another (2022/19070)

Standard Bank of South Africa Limited v Vavi and Another (2022/19070) [2025] ZAGPJHC 602 (17 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/19070

Judge

S D J Wilson

The High Court postponed a bank’s foreclosure application because it was not satisfied that execution against the respondents’ home was proportionate.

• Foreclosure
• Proportionality In Execution
• Mortgage Arrears
• National Credit Act
• Costs Awards
• Proportionality-in-execution

Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022)

Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022) [2025] ZAGPPHC 612 (13 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

16593/2022

Judge

LG Kilmartin

Default judgment in a credit enforcement matter was rescinded because the section 129 notice under the National Credit Act was not properly delivered.

• National Credit Act
• Section 129 Notice
• Default Judgment Rescission
• Service Of Process
• Consumer Credit Enforcement
• National-credit-act

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927)

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927) [2025] ZAGPJHC 573 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/11927

Judge

Maier-Frawley

The court found that the defendants failed to raise any genuine triable issue to resist summary judgment. Jurisdiction was established as the agreements were accepted in Johannesburg. The second defendant is liable under the guarantees, which were unlimited and contained certificate clauses and renunciation of benefits. The impossibility of performance defence was rejected as it was not absolute or objective and contradicted by the timeline of deregistration and lockdown. The National Credit Act does not apply because ownership did not pass to the lessee and no interest or deferred payment wa…

Source excerpt

• Summary Judgment
• Guarantee Liability
• Certificate Of Indebtedness
• Jurisdiction
• National Credit Act
• Impossibility Of Performance