South Africa Case Law

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

ABSA Home Loans Guarantee Company (RF) (PTY) LTD v Gramoney and Another (24054/20)

ABSA Home Loans Guarantee Company (RF) (PTY) LTD v Gramoney and Another (24054/20) [2022] ZAGPJHC 629 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

24054/20

Judge

M Olivier

A Rule 30 application failed because the section 129 National Credit Act complaint was substantive, not procedural, and the defendants had taken a further step.

• Rule 30 Irregular Proceedings
• Section 129 National Credit Act
• Proof Of Delivery
• Attorney And Client Costs
• Rule-30
• National-credit-act-section-129

Wesbank(a division of Firstrand Bank Ltd) v Ralushe (1149/2018)

Wesbank(a division of Firstrand Bank Ltd) v Ralushe (1149/2018) [2021] ZAECGHC 78; 2022 (2) SA 626 (ECG) (31 August 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

1149/2018

Judge

M.J. Lowe

High Court held that Wesbank sufficiently complied with section 129 of the NCA by registered mail, and ordered cancellation of the instalment sale and return of the vehicle.

• National Credit Act Compliance
• Section 129 Notice
• Proof Of Delivery
• Instalment Sale Agreement
• Contract Cancellation
• National-credit-act

More v BMW Financial Services (1658/17)

More v BMW Financial Services (1658/17) [2018] ZAGPPHC 583 (31 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

1658/17

Judge

PM Mabuse

The High Court granted rescission of a default judgment because BMW Financial Services had not proved proper delivery of a section 129 NCA notice.

• Default Judgment Rescission
• National Credit Act Compliance
• Section 129 Notice
• Proof Of Delivery
• Bona Fide Defence
• Default-judgment-rescission

Malinga v Absa Bank Limited (55937/2016)

Malinga v Absa Bank Limited (55937/2016) [2018] ZAGPPHC 315 (23 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

55937/2016

Judge

A A Crutchfield

The High Court rescinded a default judgment against a borrower, holding that enforcement started too early under the National Credit Act.

• Default Judgment Rescission
• National Credit Act
• Section 129 Notice
• Section 130 Procedure
• Proof Of Delivery
• Consumer Protection

Mahlaba v Absa Bank Limited (18278/16)

Mahlaba v Absa Bank Limited (18278/16) [2017] ZAGPJHC 112 (21 April 2017)

Court

South Gauteng High Court, Johannesburg

Case number

18278/16

Judge

Opperman

The applicant failed to provide a reasonable explanation for her default and did not demonstrate a bona fide defence with prospects of success. The respondent complied with statutory requirements by sending the section 129 notice to the applicant's nominated address and properly serving the summons. The applicant's contention that she did not receive the notice or summons is not supported by the evidence, and her payment history confirms arrears. The principles established in Kubyana v Standard Bank govern the delivery of section 129 notices, and the applicant's failure to collect the registe…

Source excerpt

• Rescission Of Default Judgment
• Section 129 Notice
• Instalment Sale Agreement
• Proof Of Delivery
• Consumer Credit
• Arrears And Cancellation

Secequip (Pty) Limited v Secure Excel (Pty) Limited (19449/16)

Secequip (Pty) Limited v Secure Excel (Pty) Limited (19449/16) [2016] ZAGPJHC 208 (2 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

19449/16

Judge

G Hulley

The High Court dismissed a money judgment application because the founding affidavit lacked sufficient primary facts and was inconsistent with its annexures.

• Motion Proceedings
• Prima Facie Case
• Sale Of Goods
• Proof Of Delivery
• Quantification Of Claim
• Motion-proceedings

J & H Building Supplies CC v Masiqhame Trading 379 CC and Another (10313/2012)

J & H Building Supplies CC v Masiqhame Trading 379 CC and Another (10313/2012) [2016] ZAKZDHC 10 (15 March 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

10313/2012

Judge

A G Jeffrey

The court found that the plaintiff had established, on a balance of probabilities, that all building materials claimed were delivered to the first defendant. The documentary evidence, including delivery notes and invoices, was corroborated by credible witness testimony. The agreement between the parties did not make payment to the plaintiff conditional upon the first defendant receiving funds from the Department of Human Settlements. Clause 3.1.5 of the agreement required payment without deduction, and the context and evidence supported the plaintiff's interpretation. The defendants' claim fo…

Source excerpt

• Sale Of Goods
• Contract Interpretation
• Joint And Several Liability
• Acknowledgment Of Debt
• Proof Of Delivery

Standard Bank of South Africa Limited v Mkhwanazi and Another (227/2015)

Standard Bank of South Africa Limited v Mkhwanazi and Another (227/2015) [2015] ZAKZDHC 56 (8 July 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

227/2015

Judge

Jeffrey

The court postponed a bank’s default judgment application because the section 129 notice under the National Credit Act was issued too late to satisfy the waiting period.

• National Credit Act
• Default Judgment
• Proof Of Delivery
• Registered Mail Notice
• Mortgage Bond Enforcement
• National-credit-act

Absa bank Ltd v Kritzinger (45980/2013)

Absa bank Ltd v Kritzinger (45980/2013) [2014] ZAGPPHC 41 (27 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

45980/2013

Judge

Murphy

The court found that the applicant failed to comply with section 129(1)(a) of the National Credit Act, as the notices were sent to addresses unknown to the respondent and there was no evidence that the respondent received them. The post office 'track and trace' report confirmed that the notice sent to the mortgaged property was returned to sender without delivery. The applicant did not provide justification for dispatching notices to the other addresses. In light of Sebola v Standard Bank, the court held that the credit provider must take reasonable steps to bring the notice to the consumer's…

Source excerpt

• Summary Judgment
• National Credit Act Compliance
• Section 129 Notice
• Mortgage Bond Enforcement
• Proof Of Delivery
• Consumer Protection