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South Africa decisions
Decisions matching the current search
Standard Bank of South Africa Limited v Tungata (EL1863/2023) [2024] ZAECELLC 26 (7 May 2024)
Summary judgment was refused because the court found the plaintiff’s section 129 and 130 NCA compliance inadequate and the summons premature.
Investec Bank Limited v Zouzoua (21/44429) [2023] ZAGPJHC 131 (10 February 2023)
The High Court adjourned Investec’s enforcement application and ordered fresh section 129 NCA notice service after finding non-compliance could be cured.
Malinga v Absa Bank Limited (55937/2016) [2018] ZAGPPHC 315 (23 April 2018)
The High Court rescinded a default judgment against a borrower, holding that enforcement started too early under the National Credit Act.
Van der Merwe v Standard Bank of South Africa (A511/2013) [2015] ZAGPPHC 1106 (2 September 2015)
The court held that non-compliance with section 129(1) of the National Credit Act by the credit provider does not constitute repudiation of the credit agreement. Section 130(4)(b) provides a statutory mechanism for the court to adjourn proceedings and allow the credit provider to rectify procedural defects. The consumer cannot rely on non-compliance with section 129 as a defence to attack the validity of the summons or to claim repudiation. The legislative intent is clear: non-compliance triggers adjournment and directives, not termination or nullity of the contract. The appeal was dismissed,…
Source excerpt
First Rand Bank Ltd v Phiri and Another (36247/2011) [2013] ZAGPPHC 90 (4 April 2013)
The High Court held that it could direct compliance with section 129 of the National Credit Act after non-compliance, and ordered fresh notice service.
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