Nedbank Limited v Lekala N.O and Another (27243/2022) [2025] ZAGPPHC 668 (2 July 2025)
Court
North Gauteng High Court, Pretoria
Case number
27243/2022
Judge
LG Kilmartin
Summary judgment was postponed because Nedbank did not provide sufficient updated evidence, including a sworn property valuation needed to set a reserve price.
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…
Standard Bank of SA Limited v Dladla (033978/24) [2025] ZAGPPHC 581 (3 June 2025)
Court
North Gauteng High Court, Pretoria
Case number
033978/24
Judge
L Coetzee
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.
FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022) [2025] ZAWCHC 230 (30 May 2025)
Court
Western Cape High Court, Cape Town
Case number
21308/2022
Judge
Thulare
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.
Standard Bank of South Africa Limited v Bloomberg (11365/2022) [2025] ZAGPPHC 541 (29 May 2025)
Court
North Gauteng High Court, Pretoria
Case number
11365/2022
Judge
Du Preez
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.
Firstrand Bank Limited v Molutsi and Another (2024/026824) [2025] ZAGPPHC 538 (27 May 2025)
Court
North Gauteng High Court, Pretoria
Case number
2024/026824
Judge
H F Jacobs
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.
Standard Bank of South Africa Limited v Khoza (2023/100165) [2025] ZAGPPHC 569 (23 May 2025)
Court
North Gauteng High Court, Pretoria
Case number
2023/100165
Judge
SG Maritz
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.
Botes v SB Guarnatee Company (RF) Proprietary Limited and Others (87458/2019) [2025] ZAGPPHC 536 (23 May 2025)
Court
North Gauteng High Court, Pretoria
Case number
87458/2019
Judge
SG Maritz
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…