This newsflash is an update to our September 2018 newsflash published on this topic. We previously discussed the landmark judgment as handed down by the High Court of South Africa in the Gauteng Local Division, Johannesburg on 12 September 2018 in respect of various applications heard together (case numbers: 2018/00612; 2017/48091; 2018/1459 and 2017/35579) which cases involved Absa Bank Limited and the Standard Bank of South Africa Limited, various defendants, respondents and amicus curiae (the “Mokebe Case”)

On 14 December 2018 the High Court of South Africa, Western Cape Division, Cape Town, The Supreme Court of Appeal handed down a confirmatory judgment on 28 September 2018 in respect of various applications heard together (case numbers: 11294/18; 15134/18; 12777/18; 12285/18; 13809/18; 22263/17 and 12365/18) which cases involved Absa Bank Limited and the Standard Bank of South Africa Limited, various defendants, respondents and amicus curiae (the “Hendricks Case”).

In the Hendricks case the High Court Rule 46A which governs execution against residential immovable property was affirmed and further discussed. In the Hendricks case the following principles were decided:

Download the pdf document to read the full article.