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South Africa Case Law

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Banking And Finance [2025] ZAWCHC 154

Absa Bank Limited v Frans (2169/2024)

Absa Bank Limited v Frans (2169/2024) [2025] ZAWCHC 154 (28 March 2025)

Court
Western Cape High Court, Cape Town
Case number
2169/2024
Judge
P. S. Van Zyl

The defendant breached the debt review order by making sporadic and insufficient payments. In terms of section 88(3) of the National Credit Act, once default occurs, the debt rearrangement terminates automatically and the credit provider is entitled to enforce the original credit agreement. Subsequent payment of arrears does not reinstate the debt review arrangement. The defendant's reliance on section 86(10)(b) is misplaced, as automatic termination under section 88(3) is not precluded by that provision. The defendant has no bona fide defence to the plaintiff's claim, and the court's discret…

Source excerpt

  • National Credit Act
  • Debt Review Orders
  • Summary Judgment
  • Default Under Credit Agreement
  • Termination Of Debt Review
  • Enforcement Of Security
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Banking And Finance [2019] ZAGPPHC 250

Firstrand Bank Limited t/a GMW Finance a division of Westbank v Goldberg (62331/18)

Firstrand Bank Limited t/a GMW Finance a division of Westbank v Goldberg (62331/18) [2019] ZAGPPHC 250 (18 June 2019)

Court
North Gauteng High Court, Pretoria
Case number
62331/18
Judge
Collis

The court found that the defendant was in breach of the instalment sale agreement by failing to make the required payments and was in arrears as of 11 June 2018. The plaintiff had properly terminated the debt review process in terms of section 86(10) of the National Credit Act by sending the required notices to the defendant and her debt counsellor. The defendant failed to respond to the notice and did not surrender the vehicle as required under section 127 of the Act. The court was not persuaded that the defendant had a bona fide defence that would constitute a defence at trial. Accordingly,…

Source excerpt

  • Instalment Sale Agreement
  • Debt Review
  • National Credit Act
  • Summary Judgment
  • Termination Of Debt Review
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Banking And Finance [2016] ZAGPPHC 223

Absa Bank Limited v De Kock and Another (72118/13)

Absa Bank Limited v De Kock and Another (72118/13) [2016] ZAGPPHC 223 (24 March 2016)

Court
North Gauteng High Court, Pretoria
Case number
72118/13
Judge
MNGQIBISA-THUSI

The court held that the plaintiff, as the party seeking a remedy, bears the onus of proving its claim and the duty to begin. The defendants' obligations are governed by the debt restructuring order, and unless the plaintiff proves default under that order, it cannot enforce the original credit agreement. The plaintiff was not entitled to terminate the debt review by issuing a section 86(10) notice after the restructuring order was granted. The proper procedure for enforcement in these circumstances is under section 88(3) of the National Credit Act, which requires proof of default under the re…

Source excerpt

  • National Credit Act
  • Debt Review
  • Restructuring Order
  • Termination Of Debt Review
  • Onus Of Proof
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.