South Africa Case Law

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

Amardien and Others v Registrar of Deeds and Others (CCT212/17)

Amardien and Others v Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47; 2019 (2) BCLR 193 (CC); 2019 (3) SA 341 (CC) (28 November 2018)

Court

Constitutional Court

Case number

CCT212/17

Judges

Mhlantla, Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Petse, Theron

The Constitutional Court held that the applicants were not obliged to make payment under the instalment sale agreements until the agreements were recorded, as required by the Alienation of Land Act. The seller's failure to record the agreements timeously meant that the applicants could not be in default prior to recordal. The section 129 NCA notices issued by the seller were premature and invalid as they did not comply with the statutory requirements, including proper notification of recordal and specification of arrears. The cancellation of the agreements and their recordals was therefore un…

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• Alienation Of Land Act
• National Credit Act
• Section 26 Right To Housing
• Statutory Interpretation
• Notice Of Default
• Instalment Sale Agreements

Altrisk v Barker (2014/23841)

Altrisk v Barker (2014/23841) [2018] ZAGPJHC 458 (15 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2014/23841

Judges

Sutherland, Matojane, Siwendu

The High Court held that Altrisk wrongly let Barker’s life policy lapse, found breaches in handling premium payments and notice, and confirmed reinstatement.

• Life Insurance Policy
• Payment Of Premiums
• Specific Performance
• Notice Of Default
• Contractual Breach
• Life-insurance

Rossouw NO and Others v First Rand Bank Limited t/a RMB Private Bank (A757/2015)

Rossouw NO and Others v First Rand Bank Limited t/a RMB Private Bank (A757/2015) [2017] ZAGPPHC 688 (26 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

A757/2015

Judges

W.R.C. Prinsloo, L.M. Molopa-Sethosa, P.M. Mabuse

The respondent failed to prove a breach or default by the appellants as required by clause 15.3 of the Facility Agreement. The notices relied upon by the respondent were issued in 2012, seventeen months before the alleged breach in February 2014, and related to a different cause of action. After the 2012 notice, the appellants cured the default by payment and continued making regular instalments, which were accepted by the respondent. No further notice was issued after the alleged 2014 breach to place the appellants on terms, as required by the agreement. The respondent did not withdraw or te…

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• Facility Agreement Breach
• Acceleration Clause
• Suretyship Liability
• Notice Of Default
• Doctrine Of Election
• Onus Of Proof

Industrial Development Corporation of South Africa Limited v Agri Varia Holdings Proprietary Limited (09697/16)

Industrial Development Corporation of South Africa Limited v Agri Varia Holdings Proprietary Limited (09697/16) [2017] ZAGPJHC 26 (21 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

09697/16

Judge

M B Mahalelo

The High Court set aside a rule nisi perfecting security under a notarial bond, finding the applicant had not given the borrower the contractual breach notice.

• Notarial Bond Perfection
• Loan Agreement Breach
• Authority To Institute Proceedings
• Notice Of Default
• Ex Parte Applications
• Notarial-bond-perfection

Standard Bank of SA Ltd v Koekemoer (70014/2011)

Standard Bank of SA Ltd v Koekemoer (70014/2011) [2012] ZAGPPHC 300 (20 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

70014/2011

Judge

E.M. Kubushi

High Court summary judgment in a vehicle finance dispute confirmed cancellation of the instalment sale agreement and ordered return of the car.

• Instalment Sale Agreement
• National Credit Act Compliance
• Summary Judgment
• Contract Cancellation
• Debt Review
• Notice Of Default

ABSA Bank Ltd v Magiet NO (15967/07)

ABSA Bank Ltd v Magiet NO (15967/07) [2009] ZAWCHC 144 (10 September 2009)

Court

Western Cape High Court, Cape Town

Case number

15967/07

Judge

LE GRANGE

The court held that section 129 of the National Credit Act applies to an executor of a deceased estate, and dismissed ABSA’s summary judgment application.

• National Credit Act
• Summary Judgment
• Executor Liability
• Notice Of Default
• National-credit-act
• Section-129-notice