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

Standard Bank of South Africa v Hendricks (11184/2018)

Standard Bank of South Africa v Hendricks (11184/2018) [2025] ZAWCHC 280 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

11184/2018

Judge

Thulare

The court granted standard-bank execution against a primary residence, finding mortgage and municipal arrears substantial, alternatives exhausted, and execution proportionate.

• Rule 46a Execution
• Mortgage Bond Enforcement
• Primary Residence Execution
• Debt Review Process
• Proportionality In Execution
• Rule-46a-execution

Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023)

Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023) [2025] ZAFSHC 180 (18 June 2025)

Court

Free State High Court, Bloemfontein

Case number

1342/2023

Judge

Van Zyl

The High Court declared a primary residence specially executable, accepted an updated sworn valuation, set a reserve price, and dismissed procedural objections.

• Rule 46a Execution
• Reserve Price Determination
• National Credit Act Compliance
• Mortgage Bond Enforcement
• Primary Residence Protection
• Rule-46a-execution

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

SB Guarantee Company (RF) (Pty) Ltd v Franzsen (21674/2023)

SB Guarantee Company (RF) (Pty) Ltd v Franzsen (21674/2023) [2025] ZAWCHC 209 (19 May 2025)

Court

Western Cape High Court, Cape Town

Case number

21674/2023

Judge

P. S. Van Zyl

The defendant failed to establish any bona fide defence to the plaintiff's claim for payment under the home loan agreement. The insurance charges were contractually justified, all suspensive conditions were fulfilled, and the force majeure defence was unsupported by evidence and did not constitute impossibility of performance in law. The complaint to the Ombudsman was lodged after the commencement of proceedings and does not justify postponement. The plaintiff is entitled to summary judgment. The requirements for declaring the property executable under Rule 46A were met, and the reserve price…

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• Mortgage Bond Enforcement
• Summary Judgment
• Rule 46a Execution
• National Credit Act
• Force Majeure Defence

Standard Bank of South Africa Limited v Mokgotho and Another (37787/2018)

Standard Bank of South Africa Limited v Mokgotho and Another (37787/2018) [2025] ZAGPPHC 277 (20 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

37787/2018

Judge

M P Motha

The High Court struck out the first respondent’s defence for non-compliance with discovery, granted default judgment to Standard Bank, and authorised execution against the bonded property.

• Default Judgment
• Mortgage Bond Enforcement
• Rule 35 Discovery
• Rule 46a Execution
• Section 129 Nca Notice
• Reserved Price Determination

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

Firstrand Mortgage Company (RF) (Pty) Ltd v Pretorius (1127/2024)

Firstrand Mortgage Company (RF) (Pty) Ltd v Pretorius (1127/2024) [2025] ZAWCHC 100 (11 March 2025)

Court

Western Cape High Court, Cape Town

Case number

1127/2024

Judge

P. S. Van Zyl

The plaintiff complied with section 129 of the National Credit Act by delivering the required notice to the defendant's chosen domicilium address via registered mail, as confirmed by the track-and-trace report. The defendant did not formally notify the plaintiff of any change of address in accordance with the agreements. The deponent to the verifying affidavit had sufficient personal knowledge through access to the plaintiff's records. The amount claimed is supported by a certificate of balance, and the defendant's objections regarding legal fees are unfounded as those fees post-date the cert…

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• National Credit Act Compliance
• Summary Judgment
• Rule 46a Execution
• Mortgage Foreclosure
• Certificate Of Balance
• Constitutional Housing Rights

First Rand Bank Limited v Engelbrecht and Another (010183/2022)

First Rand Bank Limited v Engelbrecht and Another (010183/2022) [2025] ZAGPPHC 250 (2 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

010183/2022

Judge

Tolmay

The court held that the particulars of claim need only set out the cause of action, and the Rule 46A requirements may be satisfied by a separate application or supporting affidavit. The summary judgment and Rule 46A application were properly brought together, and the defendants did not oppose the Rule 46A application. The alleged payment holiday was not substantiated with sufficient detail and did not constitute a valid pactum de non petendo. The section 129 notice was dispatched to the defendants' nominated address, fulfilling statutory requirements. The defendants failed to demonstrate any…

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• Rule 46a Execution
• Summary Judgment
• Mortgage Foreclosure
• National Credit Act Section 129
• Pactum De Non Petendo
• Right To Housing

ABSA Bank Limited v Goolam (2016/8629)

ABSA Bank Limited v Goolam (2016/8629) [2025] ZAGPJHC 62 (30 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2016/8629

Judge

D Marais

The court held that the settlement agreement between ABSA Bank Limited and Shereen Goolam constituted a credit agreement as defined in section 8(4)(f) of the National Credit Act, since it deferred payment of an amount due and provided for interest. However, the reckless credit provisions of the NCA do not apply to such settlement agreements, as those provisions are intended for the initial granting of credit and not for consensual restructuring of existing debt, unless the settlement increases the consumer's obligations, which was not the case here. The applicant was required to comply with s…

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• National Credit Act
• Settlement Agreement Novation
• Reckless Credit
• Section 129 And 130 Nca
• Rule 46a Execution
• Costs Order Abuse Of Process