Jili v FirstRand Bank Ltd t/a WesBank

The appellant concluded an instalment sale agreement with the respondent bank in 2007 for the purchase of a motor vehicle. In 2011 she became over‑indebted and applied for debt review under the National Credit Act 34 of 2005. A magistrate’s court granted a debt re‑arrangement order, rescheduling her obligations and reducing her monthly instalments to the bank. In March and April 2012 the appellant defaulted on the rescheduled payments. While she later attempted to cure the arrears, she remained in default when the bank issued summons and applied for summary judgment for return of the vehicle. The high court granted summary judgment in favour of the bank. The appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. The order of summary judgment granted by the KwaZulu‑Natal High Court, including the order for return of the motor vehicle, was confirmed.

The case clarifies the interpretation of s 88(3) of the National Credit Act and confirms that a default on a debt re‑arrangement order entitles a credit provider to enforce the original credit agreement without further procedural steps. It reinforces legal certainty in debt review matters and aligns SCA authority with the Constitutional Court’s decision in Ferris, rejecting earlier contrary high court authority.