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South Africa Case Law

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Banking And Finance [2021] ZAGPPHC 112

X.S.W and Another v Firstrand Bank Limited (A309/18; 28722/16)

X.S.W and Another v Firstrand Bank Limited (A309/18; 28722/16) [2021] ZAGPPHC 112 (17 February 2021)

The court held that the determinative date for compliance with section 130(1)(a) of the National Credit Act is the date of service of summons, not the date of issuing. The respondent complied with the requirements of section 129 and 130 by delivering the notice and serving the summons after the requisite period. The appellants failed to provide any evidence rebutting delivery of the section 129 notice or explaining why it was not received. The court found no reason to depart from the established precedent in De Beer v Nedbank and Kubyana v Standard Bank, and concluded that the respondent was…

  • National Credit Act
  • Section 129 Notice
  • Section 130 Enforcement
  • Summons Service
  • Consumer Protection
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Civil Procedure [2018] ZAGPPHC 449

Buthelezi v Road Accident Fund (87223/14)

Buthelezi v Road Accident Fund (87223/14) [2018] ZAGPPHC 449 (2 February 2018)

The court found that the plaintiff failed to comply with the requirements of the Transitional Act. Summons in the High Court was issued outside the one-year period prescribed by section 2(1) of the Transitional Act, and the plaintiff did not withdraw the magistrate's court action before issuing summons in the High Court. The plaintiff's claim was therefore subject to prescription. The court distinguished the facts from the Klaas matter, where summons in the High Court was issued within the prescribed period. The court held that the plaintiff's claim had prescribed and upheld the defendant's s…

  • Prescription
  • Road Accident Fund Act
  • Transitional Provisions
  • Special Plea
  • Summons Service
  • Claim Lodgement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.