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South Africa Case Law

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Banking And Finance [2025] ZAWCHC 230

FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022)

FFS Finance t/a Ford Credit v Van Der Merwe (21308/2022) [2025] ZAWCHC 230 (30 May 2025)

The High Court dismissed a vehicle-repossession claim after finding the credit provider had not meaningfully engaged with the consumer’s repayment proposal under section 129 of the NCA.

  • Credit Agreement Enforcement
  • National Credit Act
  • Section 129 Notice
  • Meaningful Engagement
  • Unfair Practice
  • Repossession
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Land And Property [2021] ZAGPJHC 777

Toproot Property Management (RF) (Pty) Ltd v Mbango and Others (1617/2020)

Toproot Property Management (RF) (Pty) Ltd v Mbango and Others (1617/2020) [2021] ZAGPJHC 777 (30 November 2021)

The court found that the applicant, as a social housing institution, has obligations to its tenants beyond the lease agreement, including compliance with the Social Housing Act and relevant regulations. The applicant failed to provide adequate reconciliations, address allegations of overcharging, or engage meaningfully with the respondents' complaints. The procedural requirements under PIE were not fully met, and the applicant's approach disregarded the respondents' vulnerable status and the broader regulatory framework. The court held that eviction would not be just and equitable at this sta…

  • Prevention Of Illegal Eviction Act
  • Social Housing Act
  • Rental Housing Act
  • Just And Equitable Eviction
  • Unfair Practice
  • Exploitative Rental
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Land And Property [2021] ZAGPPHC 392

Hoya Investment CC v Phiri and Others (76835/2019)

Hoya Investment CC v Phiri and Others (76835/2019) [2021] ZAGPPHC 392 (31 May 2021)

The Constitutional Court in Maphango established that the Rental Housing Tribunal is the appropriate forum to determine whether the termination of lease agreements constitutes an unfair practice. The High Court must defer to the Tribunal where a complaint is pending, as the statutory scheme under the Rental Housing Act and Regulations provides a comprehensive mechanism for resolving landlord-tenant disputes, including issues of maintenance, rental increases, and eviction. The Tribunal's rulings, even if interim, remain binding until finalisation. In this case, the respondents' complaint befor…

  • Prevention Of Illegal Eviction Act
  • Rental Housing Act
  • Unfair Practice
  • Jurisdiction Of Housing Tribunal
  • Eviction Procedure
  • Tenant Landlord Dispute
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Land And Property [2019] ZAGPJHC 345

Fernflat Share Block (Pty) Ltd v Willemse and Others (14908/18)

Fernflat Share Block (Pty) Ltd v Willemse and Others (14908/18) [2019] ZAGPJHC 345 (3 October 2019)

The court found that the applicants failed to demonstrate that the Tribunal had determined or dismissed the first respondent's complaint that the cancellation of her lease amounted to an unfair practice. The evidence presented, including transcripts and correspondence, did not constitute a definitive ruling by the Tribunal. The Rental Housing Act requires that lease cancellations must not be based on unfair practices, and the Tribunal is the appropriate forum to make this determination. Following the Constitutional Court's guidance in Maphango, the High Court held that eviction proceedings sh…

  • Eviction Proceedings
  • Rental Housing Act
  • Unfair Practice
  • Stay Of Proceedings
  • Jurisdiction Of Tribunal
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Commercial And Corporate [2018] ZACONAF 8

Moabi v Katlo Investments (NW05/2017)

Moabi v Katlo Investments (NW05/2017) [2018] ZACONAF 8 (15 May 2018)

A consumer tribunal ordered a vehicle seller to refund R60,000 after the vehicle broke down immediately after delivery, with interest and enforcement costs.

  • Unfair Practice
  • Consumer Protection
  • Refund Claim
  • Sale Of Goods
  • Consumer-protection
  • Refund-claim
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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.