South Africa Case Law

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (Leave to Appeal) (4307/2022)

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (Leave to Appeal) (4307/2022) [2025] ZALMPPHC 144 (30 July 2025)

Court

Limpopo High Court, Polokwane

Case number

4307/2022

Judge

M.I. Mangena

The High Court refused leave to appeal against an order authorising execution against immovable property, holding the alleged errors did not undermine the substantive order.

• Leave To Appeal
• Special Executability
• Joinder
• Rule 46a
• Estate Liability
• Leave-to-appeal

Nedbank Limited v Ngcobo (2023/073022)

Nedbank Limited v Ngcobo (2023/073022) [2025] ZAGPJHC 478 (20 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/073022

Judge

Windell

The respondent admits her default under the home loan agreement and has made no meaningful proposal to settle the outstanding debt. Her offer to pay R25 000 per month is inadequate given the extent of the arrears and compounding interest, and undermines her claim of indigence. The constitutional right to housing does not entitle her to indefinite occupation of the property in the face of prolonged non-payment. The section 129 notice was properly served, and the respondent's failure to act upon it is not legally sustainable. The amount claimed exceeds the jurisdiction of the Magistrates’ Court…

Source excerpt

• Summary Judgment
• Mortgage Enforcement
• Execution Against Primary Residence
• Rule 46a
• Constitutional Right To Housing

ABSA Bank Limited v Mabunda N.O in his capacity as trustee of Mbunda family trust and Others (5064/2021)

ABSA Bank Limited v Mabunda N.O in his capacity as trustee of Mbunda family trust and Others (5064/2021) [2025] ZAMPMBHC 18 (5 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5064/2021

Judge

Managa

The High Court granted default judgment for a mortgage debt, declared trust-owned immovable property specially executable, and set a reserve price.

• Default Judgment
• Mortgage Enforcement
• Special Executability
• Judicial Oversight
• Rule 46a
• Suretyship

SS Aloe Ridge v Nawa and Others (2023/131277)

SS Aloe Ridge v Nawa and Others (2023/131277) [2025] ZAGPJHC 140 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/131277

Judge

Liebenberg

The High Court dismissed leave to appeal against refusal of Rule 46A execution, finding no reasonable prospects of success and that less drastic remedies existed.

• Execution Against Immovable Property
• Rule 46a
• Judicial Oversight
• Condonation For Late Filing
• Interest On Judgment Debt
• Rule-46a

Mahlangu and Another v Firstrand Bank Limited and Others (55279/2021)

Mahlangu and Another v Firstrand Bank Limited and Others (55279/2021) [2024] ZAGPPHC 1291 (2 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

55279/2021

Judge

Woodrow

The High Court allowed a partial amendment of a notice of motion so the applicants could seek rescission of a default order and related relief over an execution sale.

• Amendment Of Pleadings
• Sale In Execution
• Rescission Of Judgment
• Rule 46a
• Default Judgment
• Variation Of Court Order

SB Guarantee Company (RF) Proprietary Limited v Mohamed (11029/2020)

SB Guarantee Company (RF) Proprietary Limited v Mohamed (11029/2020) [2024] ZAGPPHC 933 (19 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

11029/2020

Judge

Minnaar AJ

The High Court dismissed the defendant’s application for leave to appeal against summary judgment, finding no reasonable prospects of success and awarding costs on the attorney-and-client scale.

• Leave To Appeal
• Summary Judgment
• Costs Award
• Rule 46a
• Reasonable Prospects Of Success
• Leave-to-appeal

Firstrand Bank Limited v Kahn (2019/20373)

Firstrand Bank Limited v Kahn (2019/20373) [2024] ZAGPJHC 918 (17 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/20373

Judge

Raubenheimer AJ

The court found that the reserve price had not been met after three sales in execution, and the conditions of sale allowed for confirmation to the highest bidder. The respondents failed to provide sworn valuations or meaningful evidence to challenge the sale price, and their attempts to sell privately were unsuccessful. The judgment debt and municipal arrears continued to increase, placing the interests of the judgment creditor at risk. The court held that the process was just and equitable, the statutory requirements under Rule 46A were satisfied, and the sale should be confirmed to the four…

Source excerpt

• Sale In Execution
• Rule 46a
• Reserve Price
• Confirmation Of Sale
• Judgment Debt
• Forced Sale Value

Sawindu 08 RF (Pty) Ltd v Machedi and Another (2021/1525)

Sawindu 08 RF (Pty) Ltd v Machedi and Another (2021/1525) [2024] ZAGPJHC 1094 (8 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/1525

Judge

A Friedman

The court held that, although the respondents failed to comply with the procedural requirements for filing an answering affidavit, strict adherence to procedure should not override the constitutional right to housing. The court found that the respondents should be afforded a final opportunity to file a condonation application to motivate for the admission of their answering affidavit. If the respondents fail to do so within the prescribed period, the applicant may proceed to enroll the default judgment application on the unopposed roll, and costs will be taxed on an opposed basis. The court e…

Source excerpt

• Default Judgment
• Condonation Application
• Primary Residence Executability
• Rule 46a
• Section 26 Constitution

Standard Bank of South Africa Ltd v Higgs and Another (11521/2021)

Standard Bank of South Africa Ltd v Higgs and Another (11521/2021) [2024] ZAWCHC 250 (5 September 2024)

Court

Western Cape High Court, Cape Town

Case number

11521/2021

Judge

RK Parker

The court found that the First Respondent failed to provide a reasonable and sufficient explanation for the delay in filing the application for leave to appeal. The explanations based on ill health and financial difficulties were inadequately substantiated and did not account for the entire period of delay. The court held that the true motivation for the belated application was the imminent eviction process, not genuine prospects of success on appeal. The principle of finality would be undermined if condonation were granted in these circumstances. The court refused condonation and, as a resul…

Source excerpt

• Sequestration
• Condonation For Late Filing
• Rule 46a
• Factual Insolvency
• Constitutional Right To Housing

Standard Bank of South Africa Ltd v Choene and Another (4460/2022)

Standard Bank of South Africa Ltd v Choene and Another (4460/2022) [2024] ZAFSHC 249 (22 August 2024)

Court

Free State High Court, Bloemfontein

Case number

4460/2022

Judge

Ramdeyal AJ

The court found that the applicant failed to comply with the procedural requirements of Rule 46A(9)(c), (d), and (e), as the sheriff's report was not comprehensive and did not provide the necessary details for the court to reconsider the reserve price. The court emphasized the importance of judicial oversight in protecting the constitutional right to housing and preventing the sale of homes at prices significantly below market value. Setting aside the reserve price without proper information would risk leaving the respondents homeless and liable for the mortgage shortfall, which would be cont…

Source excerpt

• Sale In Execution
• Reserve Price
• Rule 46a
• Right To Housing
• Judicial Oversight
• Mortgage Enforcement