South Africa Case Law

Nedbank Limited v Mashaba (2023/0345755; 2023/047197; 2023/047199; 2023/048901; 2023/053583; 2023/059144)

Nedbank Limited v Mashaba (2023/0345755; 2023/047197; 2023/047199; 2023/048901; 2023/053583; 2023/059144) [2024] ZAGPJHC 33; 2024 (3) SA 155 (GJ) (12 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/0345755; 2023/047197; 2023/047199; 2023/048901; 2023/053583; 2023/059144

Judge

B M Gilbert

There is no binding precedent in the Gauteng Division on whether the registrar may grant default judgment in NCA matters under Rule 31(5), as decisions of single judges conflict and the full court decision in Mollentze, while highly persuasive, is not binding. The minority judgments of Jafta J in Nkata and University of Stellenbosch are not part of the majority and thus not binding. The oversight required by section 130 of the NCA is administrative and can be fulfilled by the registrar using the powers conferred by Rule 31(5)(b). The registrar is competent to grant default judgments in NCA ma…

Source excerpt

• Default Judgment
• National Credit Act
• Registrar Powers
• Rule 31 5
• Judicial Oversight

Ngandela v Absa Bank Limited and Another (1637/2021)

Ngandela v Absa Bank Limited and Another (1637/2021) [2023] ZAECELLC 6 (31 January 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

1637/2021

Judge

Dreyer

The court held that section 130(3) of the National Credit Act requires judicial oversight by the court in proceedings to enforce a credit agreement. The registrar is not a court and is therefore not empowered to grant default judgment in such matters. The deeming provision in section 23 of the Superior Courts Act does not confer judicial powers on the registrar but merely deems judgments granted by the registrar as judgments of the court in prescribed circumstances. The prevailing Constitutional Court authority in Nkata v FirstRand Bank Limited and Others is binding and establishes that defau…

Source excerpt

• National Credit Act
• Default Judgment
• Registrar Powers
• Rescission Of Judgment
• Judicial Oversight

Malefane v Nedbank (2019/41530)

Malefane v Nedbank (2019/41530) [2022] ZAGPJHC 196 (25 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/41530

Judge

Flatela Luleka

The High Court granted leave to appeal after finding prospects of success on whether a registrar could properly grant default judgment after an earlier referral to open court.

• Default Judgment
• Registrar Powers
• Leave To Appeal
• Superior Courts Act
• Rule 31 5
• Access To Court

Nedbank Limited v Mollentze; Firstrand Auto Receivables (RF) Ltd v Radebe and Another (2757/2021)

Nedbank Limited v Mollentze; Firstrand Auto Receivables (RF) Ltd v Radebe and Another (2757/2021) [2022] ZAMPMHC 5; 2022 (4) SA 597 (ML) (23 March 2022)

Court

Middelburg High Court, Mpumalanga

Case number

2757/2021

Judges

Legodi JP, Mphahlele DJP, Langa J

The court held that section 130(3) of the National Credit Act does not prohibit registrars from granting default judgment in matters governed by the Act. The registrar's powers are established by section 23 of the Superior Courts Act and Rule 31(5)(a), which authorize the registrar to grant default judgment for debts or liquidated demands, including cancellation and return of movable property under a credit agreement. The majority decision in Nkata did not address the registrar's competence under section 130(3), and reliance on the minority judgment is misplaced. The registrar's role is proce…

Source excerpt

• Default Judgment
• National Credit Act
• Registrar Powers
• Liquidated Demand
• Cancellation And Return Of Property

SASEGWU v Registrar of the Labour Relations (JS750/14)

SASEGWU v Registrar of the Labour Relations (JS750/14) [2015] ZALCJHB 187; (2015) 36 ILJ 3149 (LC) (25 June 2015)

Court

Labour Court Johannesburg

Case number

JS 750/14

Judge

Molahlehi

The Labour Court dismissed SASEGWU’s review of the Registrar’s refusal to register it as a trade union, finding non-compliance with statutory registration requirements.

• Trade Union Registration
• Judicial Review
• Labour Relations Act
• Registrar Powers
• Procedural Fairness
• Trade-union-registration