Breaking News - the Constitutional Court rules in favour of Home Owners

The Constitutional Court has made a ruling, in Gundwana vs Nedcor Bank Ltd, that only a judge – and not a high court registrar – should be able to decide if a consumer’s home can be sold in execution by a credit provider. The Court unanimously declared that where a consumer stands to lose their home, it is vital that the decision be made by a Judge, who must carefully weigh the circumstances of the case, instead of merely being ‘rubber stamped’ by a registrar of the Court.

This decision does not mean that a consumer’s house can no longer be repossessed by a credit provider, but does ensure a higher standard of fairness & thoroughness in the process, where the consumer’s Constitutional right to Housing is considered against the bank’s right to collect on its debt