South Africa Case Law

Standard Bank of South Africa Limited v Britz and Others (45914/2021)

Standard Bank of South Africa Limited v Britz and Others (45914/2021) [2025] ZAGPJHC 423 (5 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

45914/2021

Judge

S D J Wilson

The court found that the typographical error regarding the date of loan advancement was immaterial, as the facts and documentation clearly established the existence and terms of the loan agreement. The constitutional challenge to Rule 46A was dismissed as misconceived, since personal information disclosed in court is exempt under the Protection of Personal Information Act, and no order under Rule 46A(8)(b) was sought. The argument that a money judgment must precede an application for special execution was rejected, with the court affirming the binding authority of Mokebe, which allows both to…

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• Mortgage Bond Enforcement
• Special Execution
• Section 129 Notice
• Rule 46a Procedure
• Jurisdiction
• Costs Order

First Rand Bank Limited v Bila and Another (24283/2017)

First Rand Bank Limited v Bila and Another (24283/2017) [2024] ZAGPPHC 1393 (19 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

24283/2017

Judge

Ramawele

The High Court postponed a bank’s application to declare a primary residence specially executable, requiring a revised NCA notice and fresh service before re-enrolment.

• National Credit Act
• Special Execution
• Arrears On Mortgage
• Primary Residence Protection
• Postponement Sine Die
• Special-execution

Nedbank Limited v Hartley and Others (33944/2022)

Nedbank Limited v Hartley and Others (33944/2022) [2024] ZAGPPHC 245 (19 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

33944/2022

Judge

RJ Groenewald

The High Court declared the first respondent’s 50% share in a residential property specially executable, but refused relief over another property for lack of service on the bondholder.

• Special Execution
• Uniform Rules Of Court
• Joinder Of Parties
• Res Judicata
• Reserve Price
• Service On Preferent Creditors

Standard Bank of South Africa v Phillip and Another (43590/2019)

Standard Bank of South Africa v Phillip and Another (43590/2019) [2023] ZAGPPHC 1858 (30 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

43590/2019

Judge

N P Mngqibisa-Thusi

The High Court granted summary judgment to Standard Bank, rectified a mistaken domicilium address in the loan agreement, and declared the property specially executable.

• Rectification Of Contract
• Summary Judgment
• Special Execution
• Domicilium Citandi Et Executandi
• Section 129 Notice
• Mortgage Bond Enforcement

Van Den Bos N.O. v Mogoane and Others (2021/5838)

Van Den Bos N.O. v Mogoane and Others (2021/5838) [2022] ZAGPJHC 576 (18 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/5838

Judge

JJC Swanepoel

The applicant, as properly appointed administrator under section 16 of the Sectional Titles Schemes Managing Act, has locus standi to bring the application. The respondents' challenge to locus standi fails in light of previous judgments confirming the applicant's authority. The High Court has discretion to grant process-in-aid for enforcement of a Magistrate's Court judgment where effective remedies in the lower court are unavailable. The applicant's uncontested affidavit demonstrates repeated failures to obtain special execution orders in the Magistrates' Courts, justifying recourse to the H…

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• Special Execution
• Sectional Titles Schemes Managing Act
• Process In Aid
• Reserve Price Setting
• Constitutional Access To Courts

Firstrand Bank Limited v Mqambeli N.O and Another (17111/20)

Firstrand Bank Limited v Mqambeli N.O and Another (17111/20) [2021] ZAWCHC 266 (20 December 2021)

Court

Western Cape High Court, Cape Town

Case number

17111/20

Judge

Thulare

The court declined to grant special execution over a deceased estate property, postponing the matter for investigation into a minor heir’s interests and representation.

• Special Execution
• Child Best Interests
• Administration Of Deceased Estates
• Legal Representation For Minors
• Mortgage Bond Enforcement
• Special-execution

Rooplal N.O v Khangela and Another (11111 / 2020)

Rooplal N.O v Khangela and Another (11111 / 2020) [2021] ZAGPJHC 667 (5 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

11111 / 2020

Judge

S D J Wilson

The court held that, in accordance with the general rule established in Mokebe, applications for money judgment on mortgage credit agreements secured against residential property should not be determined separately from applications for special execution against the property, unless special circumstances justify such separation. No special circumstances were present in this case. The applicant is granted leave to supplement his papers to seek relief declaring the mortgaged property specially executable, and the respondents may supplement their answering papers. The respondents' debt review ap…

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• National Credit Act
• Mortgage Credit Agreement
• Money Judgment
• Special Execution
• Debt Review

Changing Tides 17 (Pty) Limited v Muriritirwa and Another (5290/2019)

Changing Tides 17 (Pty) Limited v Muriritirwa and Another (5290/2019) [2020] ZAGPPHC 132 (7 April 2020)

Court

North Gauteng High Court, Pretoria

Case number

5290/2019

Judge

SJ Cowen

Summary judgment was granted for bank-related debt, the respondents’ home was declared specially executable, and execution was suspended for nine months.

• Summary Judgment
• Special Execution
• Primary Residence
• Reserve Price
• National Credit Act
• Rule 46a

NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018)

NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94; [2019] 3 All SA 391 (SCA); 2020 (1) SA 494 (SCA) (6 June 2019)

Court

Supreme Court of Appeal

Case number

314/2018

Judges

Navsa, Mbha, Makgoka, Mokgohloa, Davis

The Supreme Court of Appeal held that the appellants failed to establish a bona fide defence to summary judgment, as their objections were vague and unsupported by facts. The court found that the respondent's claim was substantiated and the appellants did not deny the debt or provide evidence of repayment. Regarding the execution order, the majority held that judicial oversight is required when execution is sought against a primary residence, irrespective of the nature of the debt or the debtor's legal representation. However, the majority concluded that the second appellant failed to provide…

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• Summary Judgment
• Special Execution
• Right To Housing
• Judicial Oversight
• Suretyship
• Mortgage Bond

Absa Bank Ltd v Mathibela (64774/2013)

Absa Bank Ltd v Mathibela (64774/2013) [2018] ZAGPPHC 709 (26 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

64774/2013

Judge

JFD Brand

The court found that the Plaintiff's calculation of arrears was incorrect, as it failed to account for a 'holiday period' agreement, resulting in a much lower actual arrear amount at the time of summons. The Plaintiff delayed prosecution and did not attempt to resolve the matter through negotiation, despite the Defendant's willingness and continued payments. The property was deemed the Defendant's family home, invoking constitutional protection under section 26(3). Given the low arrears, the delay, and lack of effort to resolve the dispute outside litigation, it would be unjust and inequitabl…

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• Mortgage Bond Enforcement
• Special Execution
• Section 26 Right To Housing
• Arrears Calculation Error
• Just And Equitable Relief
• Summary Judgment Practice