South Africa Case Law

Standard Bank of South Africa v van Rooyen and Another (17785/2021)

Standard Bank of South Africa v van Rooyen and Another (17785/2021) [2024] ZAWCHC 186 (21 June 2024)

Court

Western Cape High Court, Cape Town

Case number

17785/2021

Judge

A Kantor

The court found that the defendants are over-indebted as contemplated by section 79 of the National Credit Act, and that the procedural requirements for summary judgment, including service of the section 129 notice, were satisfied. However, given the defendants' consistent payment history, their intention to honour the debt, and the existence of significant equity in the property, the court exercised its discretion under section 85 to refer the matter to a debt counsellor for evaluation and recommendation. The court determined that further rescheduling of the debt may be possible and that pos…

Source excerpt

• National Credit Act
• Summary Judgment
• Debt Counselling
• Over Indebtedness
• Section 85 Referral
• Mortgage Bond Execution

Gumede v ABSA Bank Limited (25426/21)

Gumede v ABSA Bank Limited (25426/21) [2022] ZAGPJHC 301 (9 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

25426/21

Judge

M.L. Senyatsi

The High Court refused leave to appeal, finding no conflicting judgments and no basis to revisit the earlier order for return of vehicles.

• Leave To Appeal
• Over Indebtedness
• National Credit Act
• Debt Review
• Section 85 Referral
• Leave-to-appeal