Avnit v First Rand Bank Ltd

First Rand Bank (trading as Wesbank) obtained a money judgment in the South Gauteng High Court against David Samuel Avnit based on a suretyship securing the indebtedness of a principal debtor arising from a loan agreement. The debt was also secured by a mortgage bond over an aircraft owned by the principal debtor. After procedural disputes regarding late filing of a replying affidavit by Wesbank, the High Court refused to admit Avnit’s supplementary affidavit and granted judgment for the full amount claimed. Leave to appeal was refused by the High Court and subsequently by two judges of the Supreme Court of Appeal. Avnit then applied to the President of the SCA under s 17(2)(f) of the Superior Courts Act 10 of 2013 to have the refusal reconsidered, alleging exceptional circumstances and a failure of justice.

The application to refer the refusal of leave to appeal for reconsideration was dismissed with costs.

The case provides authoritative guidance on the interpretation and application of s 17(2)(f) of the Superior Courts Act, clarifying the narrow scope of the President of the SCA’s power to refer refusals of leave to appeal for reconsideration and reinforcing the principle that this mechanism is not a further appeal but a safeguard against grave injustice.