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[2026] ZAGPJHC 665
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Shabangu v Absa Bank Limited (057837/2024) [2026] ZAGPJHC 665 (9 June 2026)
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IN THE HIGH COURT OF
SOUTH AFRICA
JOHANNESBURG DIVISION,
GAUTENG
CASE
NO
: 057837/2024
DATE
:
09-06-2026
(1) REPORTABLE: NO
(2) OF INTEREST TO
OTHER JUDGES: NO
(3)
REVISED
SIGNATURE
DATE: 9 June 2026
In the matter between
ZIYANA
SHABANGU
Applicant
and
ABSA BANK
LIMITED
Respondent
JUDGMENT
EX TEMPORE
WILSON,
J
: The applicant, Ms
Shabangu, seeks to stay a sale in execution being held at the
instance of the respondent in this
case, ABSA Bank, which is due to
proceed tomorrow on 10 June. The basis on which Ms Shabangu says that
the sale should be stayed
is that she has satisfied the judgment debt
upon which the sale in execution was to proceed. Ms Shabangu
makes clear in her
papers that she believes she satisfied the debt
because she issued what she calls a promissory note to the bank,
which had the
effect of satisfying the debt.
Such an instrument,
in my view, would not have that effect. A promise to pay is not
payment itself and so I am satisfied that
the judgment debt remains
outstanding. However, by virtue of the provisions of
Section 129
of
The
National Credit Act 34 of 2005
, even if the sale goes ahead, Ms
Shabangu may reinstate the agreement by paying the arears outstanding
under her mortgage loan
agreement with ABSA Bank at any time before
transfer of the property. The sale will then fall away, and the
credit agreement will
remain intact.
For all those
reasons there is no good case in law to stay tomorrow's sale, nor is
this matter on these facts urgent. The application
is dismissed with
each party paying their own costs.
WILSON, J
JUDGE OF THE HIGH COURT
9 June 2026