South Africa Case Law

Rakale and Another v Standard Bank of South Africa and Another (2024/091779)

Rakale and Another v Standard Bank of South Africa and Another (2024/091779) [2024] ZAGPJHC 831 (28 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/091779

Judge

M A Makume

The court found that urgency was self-created, as the applicants delayed bringing the application despite knowing of the sale since 2020. The requirements for an interdict were not satisfied: the applicants lost any right to the property when the agreement was cancelled and the property declared executable; they have alternative remedies, including renting and access to the sale residue. The balance of convenience favours proceeding with the sale. Reliance on Section 129(3) of the National Credit Act is misplaced, as Section 129(4) bars reinstatement after sale in execution. The purchaser was…

Source excerpt

• Urgent Interdict
• Sale In Execution
• Section 129 Nca
• Joinder Of Parties
• Reinstatement Of Credit Agreement

Standard Bank of South Africa v Mpofu and Others (83867/2015)

Standard Bank of South Africa v Mpofu and Others (83867/2015) [2022] ZAGPPHC 133 (15 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

83867/2015

Judge

Mabuse

The court found that the Mpofus did not satisfy the requirements of section 129(3)(a) of the National Credit Act, as they failed to pay all overdue amounts, default charges, and enforcement costs necessary for reinstatement of their credit agreement with the Bank. Furthermore, section 129(4) precluded reinstatement after the sale in execution of the property. The Second Sale Agreement between the Mpofus and Extreme Way Togo was tainted by the Mpofus' failure to disclose material facts, which induced Extreme Way Togo to pay R800,000 into the Mpofus' loan account. The court held that Extreme Wa…

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• Interpleader Proceedings
• Sale In Execution
• Credit Agreement Reinstatement
• Non Disclosure
• Section 129 Nca
• Refund Of Purchase Price

Cronje and Another v Standard Bank of SA LTD (NCT/103657/2018/141(1))

Cronje and Another v Standard Bank of SA LTD (NCT/103657/2018/141(1)) [2018] ZANCT 103 (11 June 2018)

Court

National Consumer Tribunal

Case number

NCT/103657/2018/141(1)

Judge

FK Manamela

The Tribunal found that the Applicants failed to provide a reasonable explanation for the five-month delay in filing their application. The explanation offered, namely filing under the wrong section and following alternative dispute resolution, was not sufficient to constitute good cause. Furthermore, the National Credit Regulator had fully addressed the Applicants' allegations and found them to be without merit, indicating no reasonable prospects of success in the main application. The absence of opposition from the Respondent did not alter the Tribunal's assessment, as the Applicants would…

Source excerpt

• Condonation
• Reckless Credit Granting
• Affordability Assessment
• Section 129 Nca
• Leave To Refer

Rajbunzi v Changing Tides 17 (Pty) Ltd NO and Others (9948/12)

Rajbunzi v Changing Tides 17 (Pty) Ltd NO and Others (9948/12) [2013] ZAKZPHC 52 (9 September 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9948/12

Judge

Stretch A J

The High Court dismissed an urgent rescission application, finding no good cause and no basis to undo a default judgment or stop execution against property.

• Rescission Of Judgment
• Default Judgment
• Judicial Oversight
• Special Executability
• Condonation
• Section 129 Nca