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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 668

Nedbank Limited v Lekala N.O and Another (27243/2022)

Nedbank Limited v Lekala N.O and Another (27243/2022) [2025] ZAGPPHC 668 (2 July 2025)

Summary judgment was postponed because Nedbank did not provide sufficient updated evidence, including a sworn property valuation needed to set a reserve price.

  • Summary Judgment
  • Mortgage Bond Enforcement
  • Section 129 Notice
  • Execution Against Immovable Property
  • Administration Of Deceased Estates
  • Reserve Price Determination
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Banking And Finance [2025] ZAGPJHC 682

Potpale Investments (Rf) (Pty) Ltd v Leteane (2025/047232; 2025/048371; 2025/048374; 2025/048376)

Potpale Investments (Rf) (Pty) Ltd v Leteane (2025/047232; 2025/048371; 2025/048374; 2025/048376) [2025] ZAGPJHC 682 (30 June 2025)

The court held that delivery of section 129 notices by the sheriff at the designated address, even though the respondents had selected registered mail as their preferred method, constituted proper delivery under section 129(5)(b) of the National Credit Act. The court reasoned that the applicant took all reasonable steps to deliver the notices, including dispatching the sheriff during working hours and leaving the notices at a prominent place when no adult was present. The court found that the sheriff's returns provided greater assurance and proof of delivery than registered mail would have, e…

  • National Credit Act
  • Section 129 Notice
  • Proof Of Delivery
  • Preferred Method Of Service
  • Consumer Protection
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Civil Procedure [2025] ZAWCHC 275

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

Pretorius v Firstrand Mortgage Company (RF) (Pty) Ltd (Reasons) (1127/2024) [2025] ZAWCHC 275 (19 June 2025)

The High Court refused leave to appeal against summary judgment and a Rule 46A execution order, finding no reasonable prospect of a different outcome.

  • Summary Judgment
  • Section 129 Notice
  • Leave To Appeal
  • Attorney And Client Costs
  • Leave-to-appeal
  • Summary-judgment
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Civil Procedure [2025] ZAGPPHC 612

Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022)

Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022) [2025] ZAGPPHC 612 (13 June 2025)

Default judgment in a credit enforcement matter was rescinded because the section 129 notice under the National Credit Act was not properly delivered.

  • National Credit Act
  • Section 129 Notice
  • Default Judgment Rescission
  • Service Of Process
  • Consumer Credit Enforcement
  • National-credit-act
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Banking And Finance [2025] ZAGPPHC 581

Standard Bank of SA Limited v Dladla (033978/24)

Standard Bank of SA Limited v Dladla (033978/24) [2025] ZAGPPHC 581 (3 June 2025)

The High Court granted summary judgment to Standard Bank after finding that re-service of a section 129 notice cured the initial defect and no triable defence was shown.

  • National Credit Act
  • Section 129 Notice
  • Summary Judgment
  • Instalment Sale Agreement
  • Compliance With Statutory Requirements
  • National-credit-act
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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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Banking And Finance [2025] ZAGPPHC 541

Standard Bank of South Africa Limited v Bloomberg (11365/2022)

Standard Bank of South Africa Limited v Bloomberg (11365/2022) [2025] ZAGPPHC 541 (29 May 2025)

The High Court granted Standard Bank leave to re-serve a defective section 129 NCA notice, adjourned the main action, and ordered costs against Bloomberg.

  • National Credit Act
  • Section 129 Notice
  • Service Of Process
  • Leave To Defend
  • Adjournment Of Main Action
  • National-credit-act
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Banking And Finance [2025] ZAGPPHC 538

Firstrand Bank Limited v Molutsi and Another (2024/026824)

Firstrand Bank Limited v Molutsi and Another (2024/026824) [2025] ZAGPPHC 538 (27 May 2025)

Bank obtained judgment for the outstanding loan amount and execution against mortgaged property after the court found section 129 notice compliance and rejected housing-based objection.

  • National Credit Act Compliance
  • Mortgage Enforcement
  • Suretyship Liability
  • Section 129 Notice
  • Constitutional Right To Housing
  • National-credit-act-compliance
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Banking And Finance [2025] ZAGPPHC 569

Standard Bank of South Africa Limited v Khoza (2023/100165)

Standard Bank of South Africa Limited v Khoza (2023/100165) [2025] ZAGPPHC 569 (23 May 2025)

The High Court confirmed cancellation of a credit card agreement, upheld delivery of section 129 notices, and ordered payment of the outstanding balance and costs.

  • Credit Agreement Enforcement
  • Section 129 Notice
  • Uniform Rule 18 6
  • Contract Cancellation
  • Certificate Of Balance
  • Credit-agreement-enforcement
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Civil Procedure [2025] ZAGPPHC 536

Botes v SB Guarnatee Company (RF) Proprietary Limited and Others (87458/2019)

Botes v SB Guarnatee Company (RF) Proprietary Limited and Others (87458/2019) [2025] ZAGPPHC 536 (23 May 2025)

The court held that the applicant was precluded from applying for debt review in respect of the loan agreement, as the second respondent had delivered a section 129 notice and commenced enforcement proceedings. Section 86(2) of the National Credit Act expressly excludes debt review once enforcement steps have been taken. The relevant case law confirms that the delivery of a section 129 notice is the first enforcement step, and debt review for that agreement is thereafter excluded. The applicant failed to respond to the section 129 notice and did not exercise his rights under the NCA prior to…

  • Debt Review
  • Stay Of Execution
  • National Credit Act
  • Section 129 Notice
  • Summary Judgment
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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.