South Africa Case Law

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021)

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021) [2025] ZAGPJHC 740 (24 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46591/2021

Judge

Van Aswegen

The application for leave to appeal does not meet the statutory threshold under section 17(1)(a)(i) of the Superior Courts Act, as the Appellant failed to demonstrate that another court would come to a different conclusion. The grounds of appeal were not clearly articulated in compliance with Rule 49(4), consisting mainly of broad assertions and unsubstantiated criticisms. The Appellant's defences of securitisation, estoppel, and debt risk insurance were speculative, lacked factual support, and were not pleaded with sufficient particularity. The summary judgment order and declaration of execu…

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• Leave To Appeal Standard
• Summary Judgment
• Mortgage Bond Enforcement
• Rule 46a Execution
• Reserve Price Setting
• Locus Standi

First Rand Bank Limited v Cilliers and Another (24/040313)

First Rand Bank Limited v Cilliers and Another (24/040313) [2025] ZAGPPHC 598 (3 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

24/040313

Judge

Ncongwane

The High Court granted First Rand Bank judgment against sureties, allowed special execution against their property, set a reserve price, and rejected excussion and non-joinder defences.

• Suretyship Liability
• Rule 46a Execution
• Reserve Price Setting
• Mortgage Bond Enforcement
• Non Joinder
• Excussion Renunciation

ABSA Bank Limited and Another v Mafahleni Engineers and Projects Managers CC and Another (8149/2024P)

ABSA Bank Limited and Another v Mafahleni Engineers and Projects Managers CC and Another (8149/2024P) [2025] ZAKZPHC 52 (20 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8149/2024P

Judge

P C Bezuidenhout

Summary judgment was granted for ABSA and a mortgaged vacant property was declared specially executable, with a reserve price of R1.5 million.

• Mortgage Bond Enforcement
• Summary Judgment
• Suretyship Liability
• Rule 46a Executable Property
• Reserve Price Setting
• Arrears And Interest

Nedbank Limited v Umvoti Traders 1006 CC and Another (1600/2022)

Nedbank Limited v Umvoti Traders 1006 CC and Another (1600/2022) [2025] ZAECMKHC 30 (18 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

1600/2022

Judge

Laing

The applicant satisfied the requirements of rule 46A for execution against the primary residence. The sheriff's nulla bona return confirmed no movable assets were available. The second respondent failed to provide sufficient evidence of alternative means to settle the debt, despite claiming improved financial circumstances and proposing a monthly payment plan. The court found the proposal inadequate and unsupported by evidence. The applicant's compliance with rule 46A and the lack of acceptable alternatives justified execution against the property. The reserve price was set at R 1,377,610, ca…

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• Rule 46a Execution
• Primary Residence Protection
• Reserve Price Setting
• Mortgage Enforcement
• Judicial Oversight
• Party And Party Costs

Body Corporate of Nonsa Court v Mothoagae and Another (058372/2022)

Body Corporate of Nonsa Court v Mothoagae and Another (058372/2022) [2025] ZAGPPHC 234 (3 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

058372/2022

Judge

N Janse Van Nieuwenhuizen

The High Court authorised execution against a sectional-title unit for unpaid levies, set a reserve price of R600,000, and suspended execution for two months.

• Execution Against Immovable Property
• Sectional Titles Management Act
• Reserve Price Setting
• Constitutional Right To Housing
• Execution-against-immovable-property
• Rule-46a

Body Corporate Silver Stream v Mathibela (97703/2015)

Body Corporate Silver Stream v Mathibela (97703/2015) [2025] ZAGPPHC 101 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

97703/2015

Judge

L.A. Retief

The respondent failed to pay levies, resulting in a valid default judgment. No opposing affidavit was properly filed, and condonation for late filing was refused due to an unexplained and unreasonable delay. The property is not the respondent's primary residence; she resides elsewhere. The Sectional Titles Schemes Management Act imposes a statutory obligation to pay levies, which remains undisturbed. The requirements of Uniform Rule 46A were satisfied, including service on all affected parties and consideration of the rights of the occupant, Ms Pearl Mathibela. However, her right to adequate…

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• Specific Executability
• Sectional Titles Schemes Management Act
• Uniform Rules Of Court Rule 46a
• Condonation
• Reserve Price Setting

Firstrand Bank Limited v Mokone (24509/2022)

Firstrand Bank Limited v Mokone (24509/2022) [2025] ZAGPPHC 104 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

24509/2022

Judge

Ellis AJ

The court granted summary judgment in a mortgage enforcement matter, upheld section 129 compliance, and ordered execution against the defendant’s property.

• Summary Judgment
• Mortgage Bond Enforcement
• Primary Residence Execution
• Section 129 Notice
• Reserve Price Setting
• Constitutional Right To Housing

Standard Bank of South Africa Ltd v De Lange and Another (52390/2023)

Standard Bank of South Africa Ltd v De Lange and Another (52390/2023) [2025] ZAGPPHC 41 (22 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

52390/2023

Judge

CP Wesley

The High Court granted default judgment to Standard Bank, declared mortgaged property executable, set a reserve price of R700,000, and awarded costs.

• Default Judgment
• Mortgage Bond Enforcement
• Declaration Of Executability
• Reserve Price Setting
• Jurisdiction Clause
• Costs Award

Somlal v Nedbank Limited and Others (57426/2018)

Somlal v Nedbank Limited and Others (57426/2018) [2024] ZAGPPHC 1363 (31 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

57426/2018

Judge

N P Mali

The High Court rescinded a default judgment and set aside a warrant of execution and sale in execution after finding material non-disclosure and a misleading absence.

• Rescission Of Default Judgment
• Reserve Price Setting
• Sale In Execution
• Municipal Account Disclosure
• In Duplum Rule
• Rescission-of-default-judgment

Absa Bank Ltd v Setouto and Another (1271/2022)

Absa Bank Ltd v Setouto and Another (1271/2022) [2024] ZAFSHC 319 (4 October 2024)

Court

Free State High Court, Bloemfontein

Case number

1271/2022

Judge

Daffue

The court found that the respondents had persistently defaulted on their loan repayments since March 2020, despite multiple indulgences and settlement offers from the applicant. The arrears and outstanding amount had increased to a level exceeding the property's value, and attempts to execute against movables were unsuccessful. The respondents' offers to pay reduced instalments were insufficient to address the debt, and their financial circumstances did not justify further delay. While the respondents and their relatives reside in the property and have a constitutional right to adequate housi…

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• Rule 46a Execution
• Mortgage Enforcement
• Default Judgment
• National Credit Act
• Reserve Price Setting