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South Africa decisions
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Standard Bank of South Africa v Hendricks (11184/2018) [2025] ZAWCHC 280 (9 July 2025)
The court granted standard-bank execution against a primary residence, finding mortgage and municipal arrears substantial, alternatives exhausted, and execution proportionate.
Standard Bank of South Africa Limited v Vavi and Another (2022/19070) [2025] ZAGPJHC 602 (17 June 2025)
The High Court postponed a bank’s foreclosure application because it was not satisfied that execution against the respondents’ home was proportionate.
ABSA Bank Limited v Maluka and Another (2022-015043) [2023] ZAGPJHC 1157 (16 October 2023)
The court postponed ABSA’s application to execute against a mortgaged home, finding execution disproportionate for now and ordering interim monthly payments.
Absa Bank Limited v Wolmarans and Another (1490/2017) [2017] ZAFSHC 188 (16 November 2017)
The court found that the defendants had failed to meet their obligations under the mortgage bond, resulting in substantial arrears and an increase in the outstanding capital. The defendants possess alternative properties and have not demonstrated a realistic prospect of settling the arrears in the immediate future. The proportionality of prejudice favours the plaintiff, whose only security is the mortgaged property. The defendants' right to adequate housing is not infringed as they have alternative accommodation. The court considered the anticipated pension payment and granted a short indulge…
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Microzone Trading 474 CC v Govender and Others (AR34/15) [2016] ZAKZPHC 1 (5 January 2016)
The court found that the magistrate correctly exercised judicial oversight by refusing to declare the respondents' immovable property executable. The respondents' financial situation was dire, with minimal income and reliance on their son for survival. The debt was small relative to the value of the property, and the respondents had made some payments and offered to pay R600 per month, which was reasonable given their circumstances. The appellant, a micro-lender, had charged an exorbitant interest rate of 42% per annum, raising concerns of reckless lending. The court held that the appellant h…
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Absa Bank Limited v Lekuku (32700/2013) [2014] ZAGPJHC 274 (14 October 2014)
The Full Bench held that the Practice Directive requiring personal service, or reasonable attempts at personal service, in foreclosure applications is a valid exercise of the High Court's inherent jurisdiction to regulate its own process in the interests of justice. The directive does not unlawfully create substantive law but introduces necessary procedural safeguards to protect constitutional rights, particularly the right to adequate housing. The court found that reliance on domicilium citandi clauses and the principle of pacta sunt servanda must be balanced against constitutional imperativ…
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