Share

ConCourt to rule on credit case

Johannesburg - The Constitutional Court will hand down judgment on Thursday in an application for leave to appeal a ruling about the notification of a consumer who was in arrears with a credit provider.

Moshomo Kubyana was seeking to challenge a North Gauteng High Court in Pretoria judgment that he settle an amount he owed Standard Bank for a vehicle and that the vehicle be repossessed.

He claimed he did not receive notices by post that he was in arrears.

In 2007, Kubyana and Standard Bank entered into an agreement for the purchase of a car.

In 2010, Standard Bank sent a notice to Kubyana, indicating he was in default of his obligations under the agreement and that it intended approaching the courts for debt enforcement.

The notice was sent by registered post. Although two written requests were sent to his home to collect documentation from the post office, Kubyana did not do so.

Five weeks later, the notice was returned to Standard Bank uncollected.

The bank approached the high court and an order was granted in its favour. The court found that delivery of a notice by registered mail was sufficient, and that Standard Bank had discharged its statutory obligations.

The court reasoned that if parliament had intended the notice to be personally served, the National Credit Act would have expressly provided for this.

Kubyana argued in the Constitutional Court that when a notice was returned to the creditor undelivered, the creditor had to take further steps before instituting legal proceedings.

Standard Bank argued that delivery of a notice to a nominated address through registered mail was sufficient.


We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Rand - Dollar
19.05
-0.7%
Rand - Pound
23.98
-0.3%
Rand - Euro
20.55
-0.4%
Rand - Aus dollar
12.36
-0.1%
Rand - Yen
0.13
-0.7%
Platinum
894.10
-0.3%
Palladium
996.00
-0.6%
Gold
2,193.32
-0.1%
Silver
24.41
-1.0%
Brent Crude
86.09
-0.2%
Top 40
67,889
+0.3%
All Share
74,074
+0.2%
Resource 10
56,132
+0.9%
Industrial 25
103,554
+0.3%
Financial 15
16,492
-0.2%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE
Government tenders

Find public sector tender opportunities in South Africa here.

Government tenders
This portal provides access to information on all tenders made by all public sector organisations in all spheres of government.
Browse tenders