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South Africa decisions
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Changing Tides 17 (Pty) Ltd N.O v Srivastava and Others (D1067/2025) [2025] ZAKZDHC 49 (6 August 2025)
The High Court set aside a reserve price for a property sale in execution and ordered a third sale without reserve after two failed auctions.
OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (Leave to Appeal) (4307/2022) [2025] ZALMPPHC 144 (30 July 2025)
The High Court refused leave to appeal against an order authorising execution against immovable property, holding the alleged errors did not undermine the substantive order.
Praia Roche 122 Investments (Pty) Ltd and Another v Land and Agricultural Bank of South Africa (Leave to Appeal) (658/2022) [2025] ZANCHC 65 (20 June 2025)
The court found that the applicants failed to provide a full and reasonable explanation for the inordinate delay of 17 months in filing the application for leave to appeal. The explanation offered was vague, lacked specific dates and details, and did not cover the entire period of delay. The applicants attempted to raise new grounds not canvassed in the main proceedings, which is impermissible in motion proceedings. The court held that the applicants' conduct was dilatory and aimed at frustrating the execution process. There were no prospects of success or compelling reasons to grant leave to…
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SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419) [2025] ZAGPPHC 599 (5 June 2025)
The High Court granted judgment on a securitized home-loan claim, declared the property specially executable, and set a reserve price for sale in execution.
Poopedi and Others v SB Guarantee Company (RF) (Pty) Ltd and Others (14557/20) [2025] ZAGPPHC 548 (23 May 2025)
The High Court dismissed a stay of execution and declaratory relief applications, holding that the papers were procedurally defective and that no case was made out against the first respondent.
ABSA Bank Limited v Mabunda N.O in his capacity as trustee of Mbunda family trust and Others (5064/2021) [2025] ZAMPMBHC 18 (5 March 2025)
The High Court granted default judgment for a mortgage debt, declared trust-owned immovable property specially executable, and set a reserve price.
J & R Hartman Boerdery CC and Others v Land and Agricultural Development Bank of South Africa (HCAA 31/2023) [2025] ZALMPPHC 13 (22 January 2025)
The appeal was dismissed because the appellants failed to provide sufficient evidence that their constitutional rights under Section 26(3) were implicated. The court found that the procedural requirements of Uniform Rule 46A were adequately considered by the court a quo, and the appellants did not demonstrate that they fell within the vulnerable category protected by the rule. The respondent's locus standi was established, and the outstanding balances were substantiated by certificates of balance. The appellants' denials were deemed unsubstantiated and insufficient to raise a bona fide disput…
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IThala Development Finance Corporation Ltd v Loyisa Consulting and Projects CC and Others (10399/2023P) [2025] ZAKZPHC 4 (21 January 2025)
The court cancelled a large business loan agreement, entered judgment for the outstanding debt, and ordered execution against secured property and bonded movables.
National Director of Public Prosecutions v Alkpehae and Another (39174/2019) [2024] ZAGPJHC 1321; [2025] 2 All SA 298 (GJ); 2025 (1) SACR 590 (GJ) (19 December 2024)
The High Court lacks jurisdiction to vary a confiscation order issued by the Regional Court, and the variation application is both incompetent and out of time. The requirements for a realisation order under sections 30 and 31 of POCA are satisfied: a confiscation order exists, is final, and unsatisfied. Section 52 of POCA, which allows exclusion of interests for innocent owners, applies only to forfeiture orders and not to confiscation or realisation orders. Where a defendant is married in community of property, the liability to satisfy a confiscation order attaches to the joint estate, and b…
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SB Guarantee Company (RF) (Pty) Ltd v Hlongwane (17048/2021) [2024] ZAGPPHC 1275; 2025 (3) SA 640 (GP) (4 December 2024)
The Full Court held that reconsideration applications under Uniform Rule 46A(9) must be heard in open court, not chambers, unless special circumstances exist. The process is initiated by the Sheriff filing a report within five days of a failed auction, which must be served on both the execution creditor and judgment debtor. The execution creditor must then file a supplementary affidavit with detailed information, and personal service on the judgment debtor is required. The court retains wide powers to revisit the entire order, including the declaration of executability, and may sanction priva…
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