South Africa Case Law

Absa Bank Limited v Johan Serfontein and Another (740/2023)

Absa Bank Limited v Johan Serfontein and Another (740/2023) [2025] ZASCA 11; [2025] 2 All SA 1 (SCA); 2025 (3) SA 345 (SCA) (10 February 2025)

Court

Supreme Court of Appeal

Case number

740/2023

Judges

Molemela, Kgoele, Keightley, Koen, Dolamo

The Supreme Court of Appeal held that the AOD/POA was a supplementary agreement under the National Credit Act, as it regulated the same subject matter as the original overdraft and surety agreements. Clauses 2 and 13 of the AOD/POA were found to be unlawful under section 90(2): clause 13 attempted to exclude the application of the NCA, defeating its purpose, while clause 2 granted ABSA an irrevocable power of attorney to sell the property without a court order, contravening statutory and constitutional protections. The respondents were found to have been induced to sign the agreement under th…

Source excerpt

• National Credit Act
• Supplementary Agreement
• Parate Executie
• Unlawful Provisions
• Severance Of Contract
• Consumer Protection

Absa Bank Ltd v Serfontein and Another - Leave to appeal (4659/2021)

Absa Bank Ltd v Serfontein and Another - Leave to appeal (4659/2021) [2023] ZAFSHC 264 (30 June 2023)

Court

Free State High Court, Bloemfontein

Case number

4659/2021

Judge

Van Zyl

The High Court refused leave to appeal in a dispute over an acknowledgment of debt and power of attorney found void under the National Credit Act.

• National Credit Act
• Supplementary Agreement
• Credit Agreement
• Parate Executie
• Settlement Agreement
• Unlawful Provisions