South Africa Case Law

Heunes v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Others (2793/2022)

Heunes v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Others (2793/2022) [2025] ZAGPPHC 444 (6 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2793/2022

Judge

Hershensohn AJ

The court found that the applicant did not provide sufficient evidence that the payment of R1,440,000.00 was adequate to settle all arrears, default charges, and reasonable enforcement costs as required by section 129(3) of the National Credit Act. The bond account statements and correspondence from the respondents indicated that arrears remained outstanding after the payment. The right to reinstatement under section 129(3) is triggered only when all prescribed amounts are paid, and in this case, the applicant failed to demonstrate compliance. The relief sought was therefore not justified on…

Source excerpt

• Summary Judgment
• Sale In Execution
• Reinstatement Of Credit Agreement
• National Credit Act Section 129
• Arrears Calculation

First Rand Bank Limited v Engelbrecht and Another (010183/2022)

First Rand Bank Limited v Engelbrecht and Another (010183/2022) [2025] ZAGPPHC 250 (2 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

010183/2022

Judge

Tolmay

The court held that the particulars of claim need only set out the cause of action, and the Rule 46A requirements may be satisfied by a separate application or supporting affidavit. The summary judgment and Rule 46A application were properly brought together, and the defendants did not oppose the Rule 46A application. The alleged payment holiday was not substantiated with sufficient detail and did not constitute a valid pactum de non petendo. The section 129 notice was dispatched to the defendants' nominated address, fulfilling statutory requirements. The defendants failed to demonstrate any…

Source excerpt

• Rule 46a Execution
• Summary Judgment
• Mortgage Foreclosure
• National Credit Act Section 129
• Pactum De Non Petendo
• Right To Housing

Standard Bank of South Africa Ltd v Makaula and Another (2022/1538)

Standard Bank of South Africa Ltd v Makaula and Another (2022/1538) [2023] ZAGPJHC 519 (19 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/1538

Judge

H P van Nieuwenhuizen

The court held that, although the reasoning in Royal Hotel and Radue Weir Holdings Ltd t/a Weirs Cash & Carry v Galleus Investments CC t/a Bargain Wholesalers is persuasive in requiring impartiality and unbiased conduct from commissioners of oaths, the binding authority in S v Van Schalkwyk requires that the 'interest' referenced in Regulation 7(1) be interpreted as a pecuniary interest, an interest in a proprietary right, or an interest affecting the legal rights or liabilities of the commissioner. As the attorney commissioning the affidavit was not the attorney of record in the matter, and…

Source excerpt

• Commissioner Of Oaths Interest
• Default Judgment
• Justices Of The Peace And Commissioner Of Oaths Act
• Regulation 7 1
• Section 10 Affidavit
• National Credit Act Section 129

Mafaro v Standard Bank of South Africa Limited (1023/2018)

Mafaro v Standard Bank of South Africa Limited (1023/2018) [2021] ZANCHC 61 (19 November 2021)

Court

Northern Cape High Court, Kimberley

Case number

1023/2018

Judge

Erasmus

The High Court dismissed an application to rescind a default judgment after finding no sufficient explanation for default and no bona fide defence.

• Rescission Of Default Judgment
• National Credit Act Section 129
• Good Cause Requirement
• Rule 31 2 B
• Bona Fide Defence
• Rescission-of-default-judgment

Chabula v RMB Private Bank and Another (2488/2016)

Chabula v RMB Private Bank and Another (2488/2016) [2020] ZAGPJHC 62 (10 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2488/2016

Judge

Senyatsi

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

• Leave To Appeal Requirements
• Mortgage Foreclosure
• Eviction Proceedings
• Rescission Of Judgment
• National Credit Act Section 129
• Leave-to-appeal

Mlalandle v Nedbank Limited and Others (2215/2017)

Mlalandle v Nedbank Limited and Others (2215/2017) [2018] ZAECPEHC 36 (31 July 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2215/2017

Judge

G G Goosen

The applicant failed to establish the existence of an agreement with the first respondent to stay the sale in execution upon payment of 50% of the arrears and the balance over six months. On the facts, the only arrangement offered by the first respondent was to stay the sale upon immediate payment of R35,000, which the applicant did not comply with. The applicant's tender of payment after the sale could not revive the credit agreement, as section 129(4) of the National Credit Act prohibits revival after the sale proceeds have been realised. The joinder of the first respondent's attorneys and…

Source excerpt

• Sale In Execution
• Mortgage Bond Enforcement
• National Credit Act Section 129
• Misjoinder Of Parties

Makhudu and Another v Standard Bank (28822/11)

Makhudu and Another v Standard Bank (28822/11) [2015] ZAGPPHC 40 (5 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

28822/11

Judge

Moseamo

The High Court dismissed a late rescission bid against a default judgment, finding the applicants gave no satisfactory explanation for a 27-month delay.

• Rescission Of Judgment
• Service Of Process
• National Credit Act Section 129
• Condonation
• Default Judgment
• Rescission-of-judgment

Breytenbach v Nedbank Ltd (71756/11)

Breytenbach v Nedbank Ltd (71756/11) [2013] ZAGPPHC 117 (16 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

71756/11

Judge

A P Ledwaba

The court dismissed an application to condone late filing and rescind a default judgment, finding no reasonable explanation for default or bona fide defence.

• Rescission Of Judgment
• Condonation
• Wilful Default
• National Credit Act Section 129
• Rescission-of-judgment
• Wilful-default

Lawangee and Another v Absa Bank Ltd (36132 /2012)

Lawangee and Another v Absa Bank Ltd (36132 /2012) [2013] ZAGPJHC 46 (1 March 2013)

Court

South Gauteng High Court, Johannesburg

Case number

36132 /2012

Judge

S Mia

The court rescinded a default judgment after finding no positive proof that section 129 notice or summons reached the applicants, and granted leave to defend.

• Default Judgment Rescission
• National Credit Act Section 129
• Service Of Process
• Leave To Defend
• Default-judgment-rescission
• National-credit-act-section-129