Baliso v Firstrand Bank Limited t/a Wesbank

Firstrand Bank instituted action in the Western Cape High Court against Mr Baliso for payment of an outstanding amount under a credit agreement regulated by the National Credit Act 34 of 2005. The Bank alleged that it had sent a notice in terms of section 127(2) of the Act and attached the notice to its particulars of claim. Mr Baliso pleaded and later raised an exception, contending that the particulars of claim were defective because they did not allege compliance with section 127(2) in a manner equivalent to the requirements laid down for section 129 notices in Sebola. The High Court dismissed the exception and refused leave to appeal. Mr Baliso then sought leave to appeal to the Constitutional Court.

The application for leave to appeal was dismissed.

The case confirms that the dismissal of an exception is generally not appealable and reinforces the application of the Zweni criteria in constitutional litigation. It clarifies that, in opposed National Credit Act matters, disputes about compliance with section 127(2) notices are to be resolved at trial through evidence rather than at the pleading stage. The judgment also situates section 127 within the broader notice jurisprudence developed in Sebola and Kubyana.