South Africa Case Law

Nedbank Limited v Niemann (2019/4132)

Nedbank Limited v Niemann (2019/4132) [2025] ZAGPJHC 656 (17 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/4132

Judge

Dippenaar

The court found that the plaintiff complied with the procedural requirements of sections 129 and 130 of the National Credit Act by sending the requisite notices and allowing the statutory time periods to lapse before instituting proceedings. The defendant did not formally refer any dispute to the Banking Ombud, nor did he respond to the section 129 notice or accept any proposals. The defendant's dispute regarding the interest calculation was collateral and did not pertain to his arrears, which were undisputed. The PAIA application was lodged after proceedings commenced and was responded to by…

Source excerpt

• National Credit Act
• Debt Enforcement
• Instalment Sale Agreement
• Notice Of Default
• Securitisation
• Promotion Of Access To Information Act

Firstrand Bank Limited v Van Dyk (77/2020)

Firstrand Bank Limited v Van Dyk (77/2020) [2021] ZAFSHC 159 (17 June 2021)

Court

Free State High Court, Bloemfontein

Case number

77/2020

Judge

C Nekosie

The High Court granted Firstrand Bank a provisional sequestration order against the respondent, rejecting objections based on securitisation and alleged fraud.

• Provisional Sequestration
• Locus Standi
• Mortgage Bond
• Securitisation Scheme
• Liquidated Claim
• Provisional-sequestration

Home Obligors Mortgage Enhanced Securities (Pty) Limited v Louw and Another (5545/2012)

Home Obligors Mortgage Enhanced Securities (Pty) Limited v Louw and Another (5545/2012) [2016] ZAKZPHC 44 (30 May 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5545/2012

Judge

Mbatha

The High Court upheld a mortgage bond enforcement claim, found a valid cession from ABSA, and declared the property executable against the first defendant.

• Mortgage Bond Enforcement
• Cession Of Debt
• National Credit Act Compliance
• Proof Of Indebtedness
• Jurisdiction
• Securitisation

Changing Tides 17 (Pty) Ltd N.O v Congwane (2015/94919)

Changing Tides 17 (Pty) Ltd N.O v Congwane (2015/94919) [2016] ZAGPJHC 128 (30 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2015/94919

Judge

Spilg

Default judgment was refused in a securitised home-loan claim because the guarantee terms, liability calculation, and calling-up of the guarantee were not properly pleaded or proved.

• National Credit Act
• Securitisation
• Guarantee And Indemnity
• Consumer Protection Act
• Certificate Of Indebtedness
• Default-judgment

Standard Bank of South Africa Limited v Dlamini and Another (42232/2015)

Standard Bank of South Africa Limited v Dlamini and Another (42232/2015) [2016] ZAGPPHC 26 (22 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

42232/2015

Judge

Msimeki

The High Court granted summary judgment to Standard Bank, rejecting objections to the affidavit and finding the defendants had not shown bona fide defences.

• Summary Judgment
• Mortgage Bond Enforcement
• Reckless Credit
• Securitisation
• National Credit Act
• Commissioner Of Oaths Requirements

Thompson v Investec Bank Ltd (846/2010)

Thompson v Investec Bank Ltd (846/2010) [2014] ZAECPEHC 45 (1 July 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

846/2010

Judge

J W Eksteen

The court dismissed an application to rescind a default judgment and refused a postponement, finding no locus standi, no bona fide defence, and no basis under rule 42, rule 31, or the common law.

• Rescission Of Judgment
• Default Judgment
• Locus Standi
• Securitisation
• Forgery Allegations
• Rescission-of-judgment

Strydom N.o and Others v Bakkes and Others (19428/11)

Strydom N.o and Others v Bakkes and Others (19428/11) [2014] ZAGPPHC 158 (4 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

19428/11

Judge

Murphy

The High Court held that several promissory-note issuers operated outside South African commercial paper exemptions and that CMM’s investments breached the mandate and GN1503.

• Promissory Notes
• Business Of A Bank
• Collective Investment Schemes Control Act
• Investment Mandate Breach
• Commercial Paper Regulation
• Securitisation Scheme Compliance