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 NUMBER: 27112/2025
DATE: 25 MAY 2026
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHERS JUDGES: YES/NO
(3) REVISED
DATE
SIGNATURE
In the matter between:
ABSA HOME LOANS GUARANTEE
COMPANY (RF) (PTY) LTD First Plaintiff/Applicant
ABSA BANK LIMITED Second Plaintiff/Applicant
and
PASEKA TIMBER KUBAYI First Defendant/Respondent
(Identity Number: 8[...])
MAUREEN JOHANNA MBAMBO Second Defendant/Respondent
(Identity Number: 9[...])
This order is made an Order of Court by the Judge whose name is reflected
herein, duly stamped by the Registrar of the Court and is submitted
electronically to the Parties/their legal representatives by e -mail. This Order
is further uploaded to the electronic file of this matter on Case Lines by the
Judge or his/her secretary. The date o f this Order is deemed to be 26 May
2026.
JUDGMENT
DU PLESSIS, AJ
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1.
This is an opposed application for summary judgment in terms of Rule 32, in
which the plaintiffs seek monetary judgment together with relief declaring the
defendants’ immovable property – Erf 7[...] L[...] G[...] Extension 8, situated at
4[...] G[...] Street, Lotus Gardens Extension 8, Pretoria (“the property”) –
specially executable under Rule 46 read with Rule 46A. The conclusion of the
mortgage loan agreement, the indemnity, the guarantee, the registration of
the bond, the second plaintiff’s compliance, and that the property is the
defendants’ primary residence, are all common cause. Although the
defendants delivered a plea and an answering affidavit, there was no
appearance on their behalf at the hearing. Adv Sevenster appeared on behalf
of the applicant.
2.
The defendants’ principal defence is non -compliance with section 129 of the
National Credit Act 34 of 2005, on the basis that the notice was addressed to
4[...] G[...] Street, which they assert is “not our residential address”. That point
is opportunistic and contrary to the record. The valuation report (“BT11”), the
City of Tshwane municipal account (“BT12”, describing the property as
“STAND 7[…] / 4[...] G[...] STREET”), the sheriff’s returns reflecting personal
service at 4[...] G[...] Street, and the letters of demand all establish that Stand
7[…] and 4[...] G[...] Street are one and the same property. The first
defendant’s own affidavit heading records his residence as “ 7[...] G[...] Steet,
Lotus Gardens” – the very property at which he was personally served. On
the Kubyana v Standard Bank of South Africa Ltd 2014 (3) SA 56 (CC) test,
the notices were dispatched to the chosen domicilium, reached the Post
Office and first notifications issued. The section 129 defence fails.
3.
The denial of the arrears is bald. The defendants identify no error of
calculation, no disputed transaction and no unaccounted payment, despite
holding the full account history (“AB3”). On the contrary, in “Ad paragraph 42”
holding the full account history (“AB3”). On the contrary, in “Ad paragraph 42”
of the plea they admit reduced income and a tendered proposal for a lower
instalment, thereby conceding the breach. The certificate of balance is prima
facie proof of indebtedness and stands unanswered. The supporting affidavit
of Ms Berna Malan adequately engages with the plea, satisfying Rule
32(2)(b).
4.
As to execution against the primary residence, a debtor bears an onus to
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place before the Court information enabling a proportionality assessment
(NPGS Protection and Security Services CC v FirstRand Bank Ltd 2020 (1)
SA 494 (SCA) paras [55] and [63]). The defendants disclose no income, no
statement of expenditure, no other assets and no alternative means of
discharging a debt exceeding R800,000.00, nor with voluntary sale or
relocation within the same school zone. The plaintiffs expressly invited them
to provide this information; they did not, and they did not appear to advance
it. Where a debtor fails to place facts before the Court despite the opportunity,
the Court determines the matter without that input (ABSA Bank Ltd v Mokebe
2018 (6) SA 492 (GJ) para [59]). The presence of minor children, though
weighed, is not an automatic bar to execution, particularly against the
plaintiffs’ demonstrated forbearance. The onus is not discharged.
5.
On the reserve price, the private valuation is R750,000.00, the municipal
valuation R440,000.00, and the indebtedness exceeds the market value. A
reserve of R525,000.00 (approximately 70% of the private valuation) fairly
balances the parties’ interests and protects against a sale at an undervalue at
first auction.
6.
The defendants have raised no bona fide defence and no triable issue. The
plaintiffs are entitled to summary judgment. In the result, the following order is
made and is recorded in the draft order made an order of court.
6.1. Summary judgment is granted against the defendants, jointly and
severally, Payment of the sum R709,732.03 (SEVEN HUNDRED
AND NINE THOUSAND SEVEN HUNDRED AND THIRTY -TWO
RAND AND THREE CENT) together with interest at 1 2.50% per
annum calculated daily on the outstanding balance and capitalised
monthly in arrears from 30 January 2024 to date of final payment,
and;
6.2. costs of suit on the attorney-and-client scale;
6.3. Erf 7[...] L[...] G[...] Extension 8 Township, Registration Division
J.R., Province of Gauteng, measuring 251 square metres, held by
J.R., Province of Gauteng, measuring 251 square metres, held by
Deed of Transfer T21991/2019 ( 4[...] G[...] Street, Lotus Gardens
Extension 8, Pretoria), is declared specially executable.
6.4. The Registrar is authorised to issue a writ of execution against the
said property.
6.5. A reserve price of R525,000.00 is set in terms of Rule 46A(9)(a).
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_________________________
J DU PLESSIS
ACTING JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
APPEARANCES
For the Plaintiffs/Applicants:
Adv CGVO Sevenster
Instructed by:
Delberg Inc Attorneys, Pretoria
For the Defendants/Respondents: No Appearance
Ndubane Attorneys, Pretoria
Date of hearing: 25 May 2026
Date of judgment: 26 May 2026