JUDGMENT
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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, PRETORIA
CASE NO : 083401/2024
DATE : 05.03.2026
In the matter between
DANIEL PETRUS BOSMAN 1 st Applicant 10
LIBERTY FIGHTERS NETWORK 2 nd Applicant
REYNO DAWID DE BEER N .O. 3 rd Applicant
and
ABSA BANK LIMITED 1 st Respondent
NATIONAL CREDIT REGULATOR 2 nd Respondent
LEGAL PRACTICE COUNCIL 3 rd Respondent
YOU ARE LAW 4 th Respondent
ANNE VERSTER 5 th Respondent 20
J U D G M E N T
MA ZIBU K O J:
DELETE WHICHEVER IS NOT APPLICABLE
(1) REPORTABLE : YES / NO
(2) OF INTEREST TO OTHER JUDGES : YES / NO
(3) REVISED : YES / NO
JUDGMENT
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In this matter of Bos man and AB S A B ank and Others, I have
read the papers filed of record, heard counsel on behalf of
the first respondent , AB S A Bank Lim ited (‘ABS A’) , the first
applicant, Mr Daniel Petrus Bos ma n (‘Mr Bos man’) who
appears in Court today in person, and the third applicant,
Mr Reyno Da wid De Beer (‘Mr De Beer ’) , cited nomino
officio for Mr Bos man. Mr De Beer is the President of the
second applicant, the Liberty Fighters Network, of which Mr
Bosman is a member.
10
The application seeks , firstly , for the Liberty Fighters
Network to interve ne in the proceedings between A BS A and
Mr Bo sman. Secondly, for Mr De Beer to represent Mr
Bosman in the proceedings in the ma tter between ABS A and
Mr Bos man. Third ly, to res cind the judgment and order of
Davis J dated 26 November 2024. F ourthly, cancelling the
warrant of execution and attachment issued pursuant to the
judgment and order dated 26 November 2024. Fifthly,
transmission of the record to the second respondent to
determine reckless granting of cr edit by AB S A to Mr 20
Boss man , and sixthly , trans mission of the record to the third
respondent with regard to legal representation.
I have considered the relief sought , as per the notice of
motion, paragraphs 1 to 3 appear ing on caselines 25 -5,
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which reads notice of motion : application for invalidity /
setting aside of judgment, dated 29 May 2025 .
The relief sought as per the notic e of motion reads as
follows:
1. That the Court condones any non -compliance by the
applicants with the Uniform Rules of Court ( ‘rules ’)
and /or the applicable practice directives of this Court
in term s of rule 27 (3) of the rules, a nd /or invokes its 10
inherent power under section 173 of the Constitution
of the Republic of South A frica, 1996 ( ‘Constitution ’),
to regulate its own process and pe rmit the format ,
structure and extent of this application insofar as it
may be necessary in the interest of justice and /or for
the development or amend ment of t he com mon law,
where applicable.
2. That Liberty Fighters Network, the second applicant,
(hereinafter referred to as “ LFN” ), be granted leave to 20
intervene in these proceedings as an interested party
in term s of rule 12 of the rules, by v irtue of its direct
interest in the rights and welfare of its elderly
me mber , Daniel Petrus Bosman ( “M r Bosman ”), the
first applicant, and further in the p ublic interest in
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accordance with section 38 (c), (d) and (e) of the
Constitution.
3. That it be confirmed that R eyno Da wid De Beer N. O .
is a nomine officio capacity (Mr De Beer), in his
nomine officio capacity as President and duly
authorised officer of LFN is authorised to represent
and appear on behalf of LFN as well as on behalf of
its elderly me mber , Mr Bos man in these proceedings,
and in any appeal or further related proceedings that 10
may arise therefrom.
In respect of the first three prayers in terms of the notice of
motion, I will proceed to make an order . However, before
that, let me mention that after making the order, I will then
deal with paragraphs 4, 5, 6, 7, 8, 9 and 10 of the notice of
motion, which, to a certain extent, speak to the rescission
application . Having considered the matter, I make the
following order in respect of p rayers 1 to 3 of the notice of
motion ; the application with regard to paragraphs 1, 2 and 3 20
is hereby refused with costs, the co sts to be borne by the
first, second and third applicant s as cited, one paying the
other to be absolved.
With regard to prayers 4, 5, 6, 7, 8, 9 and 10, I make the
following order: the rescission application is postponed sine
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die to allow the first applicant an opportunity to obtain legal
assistance. Thank you.
…..
MA ZIBU K O , J
JUDG E O F T HE HI GH C OU RT
DAT E : 5 MAR CH 2026
TRANSCRIBER’S CERTIFICATE
I, the undersigned, hereby certify that so far as it is audible to
me, the aforegoing is a true and correct transcript of the
proceedings recorded by means of a digital recorder in the matter
between:
DP BOSMAN // ABSA BANK LIMITED
CASE NUMBER : 083401/2024
RECORDED AT : PRETORIA
DATE HELD : 05.03.2026
NUMBER OF PAGES : 4
DATE COMPLETED : 10.03.2026
TRANSCRIBER : JEANETTE CROUS
PROBLEMS EXPERIENCED WITH RECORDING
1. The Court’s microphone is not working, the remaining microphone
channels barely pick her up when speaking.