The respondent concluded a credit agreement with the applicant, a registered credit provider, which was governed by the National Credit Act 34 of 2005. After default, the respondent signed a written consent to judgment in terms of s 58 of the Magistrates’ Courts Act 32 of 1944, acknowledging indebtedness in the amount of R13 793.18 and agreeing to payment terms. On the strength of this consent, the clerk of the Zwelitsha Magistrates’ Court granted default judgments. More than two years later, the respondent applied for rescission of the judgments under Magistrates’ Court Rule 49, alleging procedural irregularities and contending that the judgments were void ab origine. She did not seek condonation for lateness and did not set out any bona fide defence to the debt, which she continued to acknowledge. The magistrate dismissed the rescission application, but the Eastern Cape High Court on appeal rescinded the judgments, holding that procedural errors rendered them void and that rescission could be granted without a defence. The applicant appealed to the Supreme Court of Appeal.