Constitutional case launched against SA banks

Over 225 applicants, primarily from Gauteng’s poorer townships, have instituted a R60 billion claim for damages against some of South Africa’s biggest banks.

GroundUp reports that the case revolves around a number of unlawful repossessions by the banks over the past 23 years, with the R60 billion figure based on the average estimated loss of home equity value, multiplied by the roughly 100,000 homes repossessed since 1994.

Nedbank, Absa, FirstRand Bank and Standard Bank are cited as respondents in the case, as well as the National Credit Regulator, the Minister for Justice and Constitutional Development, the SA Human Rights Commission and the High Court Rules Board.

Massive R60 billion Constitutional case launched against SA banks

Couple get their house back two-and-a-half years after bank auction blunder

Nedbank has been slammed by a judge for auctioning off a house even though the owner’s bond repayments were up to date.

The successful bidder for the Rustenburg property sold it within two weeks for a profit of R179 000. But as a result of a judgment in the High Court in Mahikeng‚ the chain of deals two-and-a-half years ago must be unravelled and the house returned to the original owners‚ Joel and Dikeledi Makubalo.

The Makubalos also won a punitive costs order against Nedbank over what Judge Ronald Hendricks dubbed a “very disturbing” sequence of events.

Auction Alliance paid off bank officials, says report – paying referral commissions to bank officials at Absa, Nedbank, RNB/FNB and Investec.

Auction Alliance
Auction Alliance

WHILE mandated to market and sell bulk properties on behalf of Absa, Auction Alliance allegedly acquired some of the residential units for itself without disclosing this to the bank.

Auction Alliance is also accused, in the Greyling forensic report that Business Day has seen, of paying referral commissions to bank officials at Absa, Nedbank, RNB/FNB and Investec.

The report is the product of a forensic probe carried out by Allan Greyling and his team at Accountants at Law (A@L) in 2012. It has been buried away from the public eye ever since.


A sale in execution of the undermentioned property is to be held without reserve at the premises situated at 3 School Street, Elandsbaai on 24 February 2015 at 12h00.
Full conditions of sale can be inspected at the Sheriff, Piketberg, situated at 33 Voortrekker Street, Piketberg, and will be read out prior to the sale. No warranties are given with regard to the description and/or improvements. Property: Erf 29, Elandsbaai, in the Bergrivier Municipality, Division, Piketberg, Province of the Western Cape, in extent 694 (six hundred and ninety four) square metres, held by Deed of Transfer No. T64528/2000, situated at 3 School Street, Elandsbaai. Improvements: 4 x bedrooms, 3 x bathrooms. Dated at Cape Town on this 8th day of January 2015. Per: N Maritz, Steyl-Vosloo, Attorneys for Plaintiff, 2nd Floor, Waalburg, 28 Wale Street, Cape Town. (Ref: NM/la/ M0147/GT12016.)


The undermentioned property will be sold in execution at premises: 4 Giants Castle Close, George, on Tuesday, 10 February 2015 at 10:00, consisting of: Erf 23486, George, in the Municipality of George, Division of George, Province of the Western Cape, subject to the
conditions therein contained, subject further to the Restriction Against Alienation, in favour of the Blue Mountain Village Home Owners Association, Registration Number 2006/027010/08, in extent 618 (six hundred and eighteen) square metres, held by
Deed of Transfer No. T37708/2012, also known as 4 Giants Castle Close, George, 6529.
Comprising (not guaranteed): Vacant stand. The sale shall be by public auction without reserve to the highest bidder, subject to the High Court Act and Rules. 10% of the price is payable at the time of the sale with the balance plus interest thereon at the Bondholder’s prevailing rate will be payable upon registration of transfer. The full conditions of sale may be perused at the offices of the Sheriff of the Court for George and will be read out by the auctioneer prior to the sale. Dated at Durbanville this 12 December 2014. Kemp & Associates, Attorneys for Plaintiff, 8 Church Street, Durbanville, 7550. Tel. (021) 979-3280. Fax (021) 975-0745. Ref. CC Williams/JA/W0018626. C/o Heyns & Partners – CT, 3rd Floor, 6 On Pepper, Pepper Street, Cape Town.


Date of sale: 2015-02-17. Time: 11:00. Address where sale to be held: 614 James Crescent, Halfway House. This is a sale in execution pursuant to a judgment obtained in the above Honourable Court dated 27th October 2009, in terms of which the following property will be sold in execution on 17 February 2015 at 11h00, by the Acting Sheriff, Randburg West at the Sheriff’s office Halfway House-Alexandra at 614 James Crescent Halfway House, to the highest bidder without reserve: Certain property: Portion 2 of Erf 1595, Blouborsrand Extension 2 Township, Registration Division I.Q., Province of
Gauteng, measuring 671 square metres, held under Deed of Transfer No. T180703/2004.
Physical address: 2 Waterford View Estates, Oosterland Avenue, Bloubosrand Extension 2. Zoning: Residential. Improvements: The following information is furnished but not guaranteed: Lounge, dining-room, kitchen, 2 bathrooms, 3 bedrooms, 2 garages (the nature, extent, condition and existence of the improvements are not guaranteed).
The purchaser shall in addition to the Sheriff’s commission, which is 6% (six percent) on the proceeds of the sale up to a price of R30 000.00 (thirty thousand rand) and thereafter 3.5% (three comma five percent) up to a maximum fee of R9 655.00 (nine thousand six hundred and fifty five rand) plus VAT thereon, pay a deposit of 10% of the purchase price in cash or bankguarantee cheque on EFT into the Sheriff’s trust account immediately upon closing of the bid and the balance against transfer which shall be secured by a bank or building society guarantee in a form acceptable to Plaintiff’s conveyancers, which guarantee shall be delivered by the purchaser to the Sheriff within twenty one (21) days from the date of the sale and shall provide for the payment of the full balance and any such interest payable as provided for hereunder. The Rules of this auction are available 24 hours before the auction at the office of the Acting Sheriff of Randburg West,
614 James Crescent, Halfway House. The Acting Sheriff of Randburg West will conduct the sale. Registration as a buyer is a pre-requisite subject to conditions,
inter alia:

a) Directice of the Consumer Protection Act 68 of 2008
b) FICA-legislation i.r.o. proof of identity and address particulars.
c) Payment of a registration fee of R2 000.00 in cash.
d) Registration conditions.
The aforesaid sale shall be subject to the conditions of sale which may be inspected at the office of the Acting Sheriff of
Randburg West, 614 James Crescent, Halfway House, during normal office hours Monday to Friday.
Bezuidenhout van Zyl Inc., Unit 7, Surrey Square on Republic, cnr. Surrey Avenue & Republic Road, Randburg. Tel: (011)
504-5300. Fax 086 554 3902. Ref: MAT36647.

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