It's encouraging to see the courts handing down judgments upholding the constitutional rights of debtors, specifically the rights of access to housing and justice when these are threatened by banks taking legal action against those who have defaulted on their home loans. Two recent high court judgments have highlighted the unfair tactics used by the banks and their disregard for constitutional principles when dealing with consumers who are struggling to keep their homes. One common tactic is the tendency of banks to enrol foreclosure applications in the high court in cases where the amounts fall within the monetary jurisdiction of magistrate's courts. District magistrates can hear matters in which the claim is up to R200,000, and regional magistrates can hear matters involving claims of between R200,000 and R400,000. Last month, a full bench of three judges in the Pretoria high court ordered that "to promote access to justice", as from February next year civil actions and applicatio...

BL Premium

This article is reserved for our subscribers.

A subscription helps you enjoy the best of our business content every day along with benefits such as articles from our international business news partners; ProfileData financial data; and digital access to the Sunday Times and Sunday Times Daily.

Already subscribed? Simply sign in below.

Questions or problems? Email or call 0860 52 52 00. Got a subscription voucher? Redeem it now