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South Africa Case Law

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Banking And Finance [2025] ZAWCHC 230

FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022)

FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022) [2025] ZAWCHC 230 (30 May 2025)

The High Court dismissed a vehicle-repossession claim after finding the credit provider had not meaningfully engaged with the consumer’s repayment proposal under section 129 of the NCA.

  • Credit Agreement Enforcement
  • National Credit Act
  • Section 129 Notice
  • Meaningful Engagement
  • Unfair Practice
  • Repossession
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Civil Procedure [2025] ZAGPJHC 491

Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657)

Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657) [2025] ZAGPJHC 491 (21 May 2025)

The High Court refused summary judgment in a dispute over rental agreements for office equipment, finding the cancellation and repossession issues should go to trial.

  • Summary Judgment
  • Rental Agreements
  • Termination Of Contract
  • Repossession Of Goods
  • Summary-judgment
  • Rental-agreements
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Civil Procedure [2025] ZAGPJHC 473

Potpale Investments (Pty) Ltd v Kotelo (2023/070442)

Potpale Investments (Pty) Ltd v Kotelo (2023/070442) [2025] ZAGPJHC 473 (16 May 2025)

The defendant's defences were vague, contradictory, and lacked sufficient detail to constitute a bona fide defence to summary judgment. Even if the agreement were suspended or set aside for reckless credit, the plaintiff, as owner, would still be entitled to repossession of the vehicle. The defendant admitted to being in arrears and provided no credible or cognisable defence to the plaintiff's claim. Accordingly, summary judgment was granted for confirmation of termination, return of the vehicle, and attorney and client costs.

  • Summary Judgment
  • Credit Agreement
  • National Credit Act
  • Repossession
  • Reckless Credit
  • Contractual Defences
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Civil Procedure [2025] ZAGPJHC 382

Monama and Another v First Rand Bank Limited (2025/043482)

Monama and Another v First Rand Bank Limited (2025/043482) [2025] ZAGPJHC 382 (8 April 2025)

Urgent application to stop repossession of a vehicle was struck off for lack of urgency. The court held the pending rescission did not suspend enforcement of the default judgment.

  • Urgent Interdict
  • Default Judgment
  • Rescission Of Judgment
  • Repossession
  • Contractual Breach
  • Urgent-interdict
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Banking And Finance [2025] ZANCT 24

Kleynhans v Van Zyl and Another (NCT-342961-2024-Section 141(1)(b))

Kleynhans v Van Zyl and Another (NCT-342961-2024-Section 141(1)(b)) [2025] ZANCT 24 (31 March 2025)

The Tribunal dismissed a debt-review complaint, finding it barred by section 166(2) of the NCA, with ABSA not joined and damages beyond its jurisdiction.

  • National Credit Act
  • Debt Review
  • Jurisdiction Of Tribunal
  • Non Joinder
  • Damages Claim
  • Section 166 Bar
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Civil Procedure [2024] ZAKZPHC 95

BMW Financial Services (South Africa) (Pty) Ltd v Gumede (4642/2024P)

BMW Financial Services (South Africa) (Pty) Ltd v Gumede (4642/2024P) [2024] ZAKZPHC 95 (28 October 2024)

The High Court granted summary judgment for BMW Financial Services, confirming termination of the agreement and ordering return of the vehicle after no bona fide defence was shown.

  • Summary Judgment
  • Credit Agreement
  • Repossession Of Motor Vehicle
  • National Credit Act Compliance
  • Summary-judgment
  • Repossession
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Banking And Finance [2024] ZANWHC 237

Johnson v Standard Bank of South Africa Limited (1442/2022)

Johnson v Standard Bank of South Africa Limited (1442/2022) [2024] ZANWHC 237 (10 September 2024)

The court granted condonation and summary judgment, confirmed cancellation of the instalment sale agreement, ordered return of the vehicle, and allowed later damages proceedings.

  • Installment Sale Agreement
  • Summary Judgment
  • Condonation
  • Arrears And Default
  • Reckless Credit Lending
  • Registered Credit Provider
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Civil Procedure [2024] ZAECBHC 30

Standard Bank of South Africa Ltd v Tafeni (835/2023)

Standard Bank of South Africa Ltd v Tafeni (835/2023) [2024] ZAECBHC 30 (30 August 2024)

An unopposed default judgment application. The court found no valid defence, cancelled the agreement, ordered return of a vehicle, and awarded costs.

  • Default Judgment
  • Credit Agreement Enforcement
  • Repossession Of Goods
  • Arrear Payments
  • Default-judgment
  • Credit-agreement-enforcement
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Commercial And Corporate [2024] ZAECMKHC 5

Volkswagen Financial Services SA (Pty) Ltd v Nceba Giwu N.O (3792/2023)

Volkswagen Financial Services SA (Pty) Ltd v Nceba Giwu N.O (3792/2023) [2024] ZAECMKHC 5 (18 January 2024)

The High Court granted summary judgment cancelling an instalment agreement and confirming return of a Volkswagen Polo, holding that repossession did not end the contract.

  • Instalment Sale Agreement
  • Repossession
  • Summary Judgment
  • National Credit Act
  • Contract Termination
  • Summary-judgment
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Banking And Finance [2023] ZAGPJHC 1161

SA Taxi Development Finance (Pty) Ltd v Mogorane (051209/2022)

SA Taxi Development Finance (Pty) Ltd v Mogorane (051209/2022) [2023] ZAGPJHC 1161 (13 October 2023)

The defendant failed to pay the required instalments under the credit agreement and admitted his inability to afford the payments. The defences raised, including allegations of reckless credit, forgery, and illiteracy, do not constitute bona fide or triable defences to the plaintiff's claim for repossession. The evidence does not support the defendant's claim of illiteracy, and there is no indication of collusion or agency between the plaintiff and the dealership regarding the alleged forged document. The plaintiff lawfully terminated the credit agreement and is entitled to summary judgment f…

  • Credit Agreement
  • Summary Judgment
  • National Credit Act
  • Repossession
  • Reckless Credit
  • Breach Of Contract
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.