Mbalati Aldworth Dzunisani v Firstrand Bank Limited t/a Wesbank

The applicant entered into an online instalment sale agreement with the respondent bank for the purchase of a 2021 Land Rover Range Rover Sport, financed over 71 months. After the applicant fell into arrears, the respondent complied with section 129 of the National Credit Act and issued summons. When the applicant failed to enter an appearance to defend, the Registrar granted default judgment under Rule 31(5) on 13 September 2023. A writ of execution followed and the vehicle was seized by the Sheriff in January 2024. The applicant then brought an application for rescission of the default judgment, together with an application for condonation for late filing, alleging improper service of the section 129 notice and summons, disputing the validity of the agreement, and denying indebtedness.

The application for condonation and rescission of the default judgment was dismissed with costs on scale A.

The case reaffirms the strict requirements for rescission of default judgment under Rule 31, Rule 42, and the common law, and underscores the application of Constitutional Court authority in Kubyana regarding delivery of section 129 notices under the National Credit Act. It also confirms the validity of service at a chosen domicilium and discourages dilatory rescission applications lacking bona fide defences.