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

Opportunities and Risks in the Global Commodity Rally

Oil, copper and agricultural commodities are rallying as geopolitical tensions, climate pressures and energy-transition demand reshape global markets. Kaya Biz speaks to Simon Lacoume of Coface about the opportunities for South Africa's mining sector and the risks posed by rising inflation and food prices
27 Oct 1PM 15 min

African Bank's Next Chapter: From Turnaround to Growth

African Bank has spent years transforming itself from a specialist unsecured lender into a diversified retail and commercial banking group. Kaya Biz speaks to Chairman Thabo Dloti about the bank's evolution, the lessons learned from its acquisition-led growth strategy, leadership stability, and whether African Bank is finally entering the value-creation…
27 Oct 12PM 23 min

Pick n Pay trims it’s first half loss over 30%

Pick n Pay’s latest interim results point to encouraging signs in one of South Africa’s most closely watched retail recovery stories. CEO Sean Summers joins Kaya Biz to discuss improved profitability, Boxer’s standout performance, online sales growth, labour restructuring and the milestones investors should watch as the turnaround plan moves…
26 Oct 1PM 16 min

Beyond the Mini-Budget Speech 2026: Decoding Treasury’s Signals

The Medium-Term Budget Policy Statement offers one of the clearest snapshots of South Africa’s fiscal health and economic trajectory. We speak to Deloitte Africa’s Le Roux Roelofse about the key takeaways from Treasury’s latest projections, whether the country is striking the right balance between fiscal discipline and growth, and what…
26 Oct 12PM 16 min

The Mental Health Cost of Financial Stress

Financial stress has emerged as one of the biggest threats to South Africans' mental wellbeing. Dr Rachel Moore, Chief Medical Officer at Mediclinic Southern Africa, discusses the psychological impact of economic pressure, barriers to accessing mental healthcare and what can be done to reduce stigma and improve support.
22 Oct 2PM 12 min