South Africa Case Law

Merchant Commercial Finance 1 (PTY) Limited v Berlex 96 CC (2022/17020)

Merchant Commercial Finance 1 (PTY) Limited v Berlex 96 CC (2022/17020) [2025] ZAGPJHC 205; [2025] 2 All SA 570 (GJ) (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/17020

Judge

D Marais

The court found that the applicant failed to make out a case for ex parte relief, as the urgency and imminent liquidation were based on unsubstantiated allegations and conjecture. The applicant did not provide documentary or credible evidence of threats of liquidation by other creditors, nor did it justify deviation from normal court procedures. The applicant also failed in its duty of full and frank disclosure by not informing the court of the prior order, the subsequent return of assets to the respondent, and its lack of entitlement to enforce unregistered bonds. These non-disclosures were…

Source excerpt

• Ex Parte Orders
• Perfecting Notarial Bonds
• Parate Executie
• Full And Frank Disclosure
• Urgent Applications
• Suretyship Liability

Van den Heever v VKB Landbou (Pty) Ltd (1356/2024)

Van den Heever v VKB Landbou (Pty) Ltd (1356/2024) [2025] ZAFSHC 52 (18 February 2025)

Court

Free State High Court, Bloemfontein

Case number

1356/2024

Judge

JP Daffue

The High Court dismissed an application for leave to appeal, holding that no proper factual basis was laid for new NCA-based defences and that the cited cases were distinguishable.

• Leave To Appeal
• National Credit Act
• Notarial Bond
• Acknowledgement Of Debt
• Parate Executie
• Leave-to-appeal

Absa Bank Limited v Johan Serfontein and Another (740/2023)

Absa Bank Limited v Johan Serfontein and Another (740/2023) [2025] ZASCA 11; [2025] 2 All SA 1 (SCA); 2025 (3) SA 345 (SCA) (10 February 2025)

Court

Supreme Court of Appeal

Case number

740/2023

Judges

Molemela, Kgoele, Keightley, Koen, Dolamo

The Supreme Court of Appeal held that the AOD/POA was a supplementary agreement under the National Credit Act, as it regulated the same subject matter as the original overdraft and surety agreements. Clauses 2 and 13 of the AOD/POA were found to be unlawful under section 90(2): clause 13 attempted to exclude the application of the NCA, defeating its purpose, while clause 2 granted ABSA an irrevocable power of attorney to sell the property without a court order, contravening statutory and constitutional protections. The respondents were found to have been induced to sign the agreement under th…

Source excerpt

• National Credit Act
• Supplementary Agreement
• Parate Executie
• Unlawful Provisions
• Severance Of Contract
• Consumer Protection

Maseule and Others v Grove and Others (2024/135845)

Maseule and Others v Grove and Others (2024/135845) [2024] ZAGPJHC 1299 (18 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/135845

Judge

Badenhorst

The court granted interim relief stopping respondents from diverting prepaid electricity payments to historical arrears, pending determination by a tribunal or court.

• Sectional Title Scheme Management
• Prepaid Electricity Set Off
• Spoliation
• Parate Executie
• Sectional-title-law
• Prepaid-electricity

Standard Bank of South Africa Limited v Baxter (26936/2015)

Standard Bank of South Africa Limited v Baxter (26936/2015) [2024] ZAGPJHC 5 (3 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

26936/2015

Judge

P V Ternent

The court found that the respondent had defaulted on his loan obligations and, by agreement, granted a special power of attorney post-default to the applicant, authorising the sale of the properties to reduce his indebtedness. The sale was conducted in accordance with the power of attorney, and the respondent was kept informed throughout the process. The respondent's allegations of underselling and lack of notification were unsubstantiated and contradicted by documentary evidence, including email correspondence and valuations. The court held that the parate executie principle was not violated…

Source excerpt

• Mortgage Bond Enforcement
• Parate Executie
• Special Power Of Attorney
• Sale Of Immovable Property
• Certificates Of Balance
• Counter Application

Lombaard v Moolgem (Pty) Ltd and Others (23/076940)

Lombaard v Moolgem (Pty) Ltd and Others (23/076940) [2023] ZAGPPHC 708 (22 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

23/076940

Judge

Irene de Vos

The High Court dismissed an urgent application to stop payment under a collateral cession, holding the clause allowed withdrawal without prior court determination.

• Collateral Cession
• Parate Executie
• Interim Interdict
• Lease Agreement
• Suretyship
• Collateral-cession

Absa Bank Ltd v Serfontein and Another - Leave to appeal (4659/2021)

Absa Bank Ltd v Serfontein and Another - Leave to appeal (4659/2021) [2023] ZAFSHC 264 (30 June 2023)

Court

Free State High Court, Bloemfontein

Case number

4659/2021

Judge

Van Zyl

The High Court refused leave to appeal in a dispute over an acknowledgment of debt and power of attorney found void under the National Credit Act.

• National Credit Act
• Supplementary Agreement
• Credit Agreement
• Parate Executie
• Settlement Agreement
• Unlawful Provisions

Motsima and Another v Kopa and Others - Appeal (A90/2021; 2122/2019)

Motsima and Another v Kopa and Others - Appeal (A90/2021; 2122/2019) [2023] ZAFSHC 260 (30 June 2023)

Court

Free State High Court, Bloemfontein

Case number

A90/2021; 2122/2019

Judges

Musi, Mbhele, Van Rhyn

The High Court dismissed a condonation application to reinstate a lapsed appeal over property transfers, finding the delay inadequately explained and prospects poor.

• Condonation
• Reinstatement Of Appeal
• Pactum Commissorium
• Parate Executie
• Sale Of Immovable Property
• Transfer Of Property

Vantage Goldfields SA (Pty) Ltd & Another v Arqomanzi (Pty) Ltd and Others (733/2022)

Vantage Goldfields SA (Pty) Ltd & Another v Arqomanzi (Pty) Ltd and Others (733/2022) [2023] ZASCA 106; [2023] 3 All SA 667 (SCA) (27 June 2023)

Court

Supreme Court of Appeal

Case number

733/2022

Judges

Ponnan, Mocumie, Mbatha, Matojane, Mali

The Supreme Court of Appeal dismissed an appeal over cession, business rescue, subordination, and MPRDA s 11 consent, confirming Arqomanzi’s position.

• Cession In Securitatem Debiti
• Parate Executie
• Business Rescue
• Mineral And Petroleum Resources Development Act
• Ministerial Consent
• Subordination Agreements

Saunderson v Boegoeberg Water Users Association (338/22)

Saunderson v Boegoeberg Water Users Association (338/22) [2022] ZANCHC 86 (12 August 2022)

Court

Northern Cape High Court, Kimberley

Case number

338/22

Judge

Nxumalo

The court found that the respondent acted within its statutory powers under the National Water Act by suspending the applicant's water supply for non-payment of water use charges. The applicant, as current owner, is liable for charges on the land, including historic charges, and was given adequate notice and opportunity to make representations as required by the Act. The respondent's conduct did not amount to spoliation or unlawful parate executie, as it followed the procedures set out in the Act. The applicant failed to establish a prima facie right to relief, as he did not comply with his o…

Source excerpt

• National Water Act
• Water Use Charges
• Spoliation
• Interim Interdict
• Parate Executie