SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case No: 074260/2023
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED.
22/7/2025
In the application between:
NEDBANK LIMITED Applicant
and
ABANDONED VEHICLE AND TRUCK
SOLUTIONS (PTY) LTD
REGISTRATION NO. 2020/577413/07 First Respondent
SALVAGE GENIE (PTY) LTD
REGISTRATION NO. 2018/107676/07 Second Respondent
BEVAN RODNEY BEARSLEY HUGHES Third Respondent
IDENTITY NO. 4[...]
T/A CENTRAL STORAGE DEPOT
MUSI HLAMALANE JERRY N.O. Fourth Respondent
In his capacity as the liquidator of
ABANDONED SOLUTIONS (Pty) Ltd
REGISTRATION NO. 2015/242192/07
KEITH ALEXANDER ROUELL Fifth Respondent
IDENTITY NO. 6[...]
KERRY JANE LOVE-SMITH Sixth Respondent
IDENTITY NO. 8[...]
ERINN JEMMA ROUELL Seventh Respondent
IDENTITY NO. 9[...]
ROBERT JOHN HENDERSON Eighth Respondent
IDENTITY NO. 6[...]
THE BANKING ASSOCIATION OF Ninth Respondent
SOUTH AFRICA NPC
BUSINESS AGAINST CRIME SA Tenth Respondent
THE SOUTH AFRICAN INSURANCE CRIME Eleventh Respondent
BUREAU NPC
THE SOUTH AFRICAN MOTOR BODY Twelfth Respondent
REPAIRERS ASSOCIATION
THE COLLISION REPAIRERS ASSOCIATION Thirteenth Respondent
OF SOUTH AFRICA
THE RETAIL MOTOR INDUSTRY ORGANIZATION Fourteenth Respondent
THE NATIONAL AUTOMOBILE DEALERS Fifteenth Respondent
ASSOCIATION
IDA RISK MANAGEMENT (PTY) LTD Sixteenth Respondent
REGISTRATION NO. 2002/012297/07
JUDGMENT
J.F. GROBLER, AJ
[1] Judgment in the above matter was handed down on 21 July 2025.
[2] I have been advised per e -mail by the Applicant’s Attorney of record
that the judgment contains a typing error in paragraph 3.2 of the order
in that the Vin number of the Ford Everest vehicle should be A[...].
[3] In the premises, the order made on 21 July 2025 is hereby varied in
terms of Rule 42(1)(b)of the Uniform Rules of Court to reflect the
correct VIN number of the Ford Everest. The following order is made:
“1. It is declared in terms of Section 21(1)(c) of the Superior
Courts Act (Act 10 of 2013) that:
1.1. A salvage and/or improvement lien (collectively referred
to as ‘enrichment liens’) cannot be ceded, sold or
transferred.
1.2. Any purported cession, sale and transfer of an
enrichment lien is null and void;
1.3. Any document purporting to transfer, cede or sell the
possessor’s right of possession of the property forming
the subject of the lien without proper legal process, or
without the consent of or an agreement with the owner /
consumer is null and void.
2. The First and Second Respondents are ordered to provide the
following information, in respect of each of the motor vehicles
referred to in paragraph 3.1 to 3.5 below, to the Applicant
within 7 (seven) days of the date of this order:
2.1 The name, address and contact number of the party who
received possession of the motor vehicle as a whole or in
parts from the First or Second Respondent; and
2.2 The reason for handing over possession of the motor
vehicle or parts thereof to the party referred to in
paragraph 2.1 together with any documents in that
regard.
3. Any party in possession of the following motor vehicles or
parts thereof is/are ordered to surrender the motor vehicles or
parts thereof to the Applicant:
3.1. VW T6 combi 2.0 TDi Trend Line, Vin number W[...],
engine number C[...].
3.2 Ford Everest 3.2 TDCi XLT A/T, Vin number A[...],
engine number S[...].
3.3 Kia Sportage 2.0 CRDi, Vin number U[...], engine
number D[...].
3.4 Landrover Evoque, Vin number S[...], engine number
0[...].
3.5 Mercedes Benz, Vin number W[...], engine number
6[...].
3. The Sheriff is authorized and requested to attach, seize and
hand over the motor vehicles or parts thereof listed in
paragraphs 3.1 to 3.5 above to the Applicant , wherever the
motor vehicles or parts thereof are found.
4. The First to Third and Fifth to Eighth Respondents and/or any
person, entity or association who may act for or on their
behalf, directly or indirectly are interdicted and restrained from:
4.1. Entering into or concluding any agreement or
participating in any business practice regarding the
acquisition, sale, transfer, cession of any lien over
and/or in respect of any motor vehicle.
5. The Ninth to Sixteenth Respondents are ordered t o
communicate the contents of paragraph 1 and 4 of this order
to their members, within 30 (thirty) days from the date of this
order.
5. The First to Second and Fifth to Eighth Respondents are
jointly and severally ordered to pay the Applicant’s costs,
including the costs of two counsel where so employed,
respectively on scale B and C.
SIGNED AT PRETORIA ON THIS THE 22nd DAY OF JULY 2025.
J.F. GROBLER AJ
ACTING JUDGE OF THE GAUTENG DIVISION, PRETORIA
Date of hearing: 22 April 2025
Date of Judgment: 21 July 2025
For the Applicant: Adv. J.P. Van den Berg SC
Adv HP Van Nieuwenhuizen
Instructed by: VHI Attorneys
On behalf of the 1st to 2nd and
5th to 8th Respondents: Adv. I. Mureriwa
On instructions of: R Crisp Attorneys
On behalf of the
3rd Respondents: No appearance
On instructions of: Grant Rae Attorneys