FirstRand Bank Limited t/a First National Bank v Makaleng

FirstRand Bank Limited advanced a home loan to Mr Makaleng secured by a mortgage bond over his primary residence. After Mr Makaleng fell into arrears, the bank issued summons for payment of the outstanding balance and sought an order declaring the property executable. The respondent did not defend the action. When the bank applied for default judgment, the Gauteng Local Division of the High Court postponed the application sine die, directed that it not be re-enrolled for at least six months, and ordered the bank to file an affidavit detailing efforts to negotiate a settlement to prevent foreclosure. The bank, with leave of the High Court, appealed this postponement order to the Supreme Court of Appeal.

The appeal was struck from the roll for lack of jurisdiction, with no order as to costs.

The case reaffirms the traditional South African law principles governing appealability under the Superior Courts Act, confirming that interlocutory and procedural orders—such as postponements of default judgment applications—are generally not appealable. It underscores judicial resistance to piecemeal appeals and provides guidance in foreclosure-related litigation on when appellate intervention is permissible.