Know how to protect yourself from banks trying to auction your repossessed property.

Loading player...
In the recent news, Lawyers representing consumers facing home repossession have applauded a recent case in the Gauteng High Court that blocks lawyers trying to side-step court procedures by selling these homes for less than their market worth.
The February 2022 ruling by Judge Fisher slapped down the practice of banks’ lawyers approaching judges in chambers in an attempt to circumvent the reserve (floor) price requirement. Until 2018, banks were frequently selling repossessed homes at well below market price, giving rise to suspicions that syndicates operating in the banks and sheriffs’ offices were engineering these sales so they could pick them up for a song. Some were sold for as little as R10, often leaving the defaulting borrower with a huge outstanding debt to the bank, and with no chance of receiving any equity built up in the home.
This followed a 2017 change in Court Rule 46A which requires the sheriff of the court to personally serve the execution notice on the debtor, and not to a neighbour or the debtor’s child as had happened in the past.
This was intended to provide the debtor with an opportunity to mount a legal defence. The change in the court rules also made provision for the court to impose a reserve price, with the sheriff reporting back to the court within five days if that price was not obtained at auction.
To circumvent this requirement, lawyers were found to be side-stepping the court by approaching judges in chambers when a reserve price was not obtained at auction to seek the judge’s blessing to sell the property at a lower price.
8 Mar 2022 3AM English South Africa Business News · Investing

Other recent episodes

Why CMOs Belong in the Boardroom

Ahead of Africa’s Biggest Marketing Conference™, Dale Hefer — CEO of the Nedbank IMC — joins Kaya Biz to unpack why marketing must sit at the centre of commercial performance. She explores this year’s theme, Shift Happens™, the rise of AI at African scale, and the capabilities that will define…
24 Aug 1PM 21 min

South Africa’s Tourism Reset: Collaboration & Alignment

South Africa’s tourism sector is entering a new era — one defined by collaboration between government, private sector players and destination bodies. Interim CEO of South African Tourism, Sechaba Motsieloa, joins Kaya Biz to unpack the key messages from the SATSA Conference and what alignment means for the sector’s future…
24 Aug 1PM 8 min

Advtech Delivers Double‑Digit Growth Amid Surging Enrolments

Advtech has posted another solid set of interim results, with revenue up 8%, operating profit rising 14% and headline earnings per share climbing 16%. CEO Geoff Whyte joins Kaya Biz to unpack the drivers behind the group’s performance — from enrolment growth to tighter debtor management — and the board’s…
24 Aug 12PM 10 min

Corporate Shake‑Ups: What SPAR, PIC & SAA Reveal About Leadership

Leadership advisor Andrew Woodburn joins us in studio to unpack the wave of executive and board instability across corporate South Africa — from SPAR’s sudden resignations to governance pressure at the PIC and ongoing turbulence at SAA. We explore succession gaps, interim CEO challenges, board accountability, investor confidence, and the…
20 Aug 1PM 30 min

Inside Exxaro’s 20% HY’26 Earnings Dip: Costs, Coal & the Road Ahead

Exxaro CEO Ben Magara unpacks the miner’s mixed half‑year performance: revenue up 7% and production up 11%, but headline earnings down 20% amid cost pressure and currency effects. We explore record safety results, stronger export volumes, the manganese acquisition, and Exxaro’s long‑term shift toward energy and future‑facing metals.
20 Aug 12PM 16 min