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High Court of South Africa North Gauteng, Pretoria

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. 

2 judgments
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2 judgments
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Judgment date
June 2021
Van Heerden and Another v Hambsch ; In re: Bernie Hambsch t/a Rhodes & Hambsch Civils and Plant Hire v Van Heerden and Others (7408/2017) [2021] ZAGPPHC 10 (18 June 2021)
Settlement agreements in contractor–employer disputes are not NCA credit agreements; rescission application dismissed.
NCA – s 8(4)(f) – whether settlement agreements constitute credit transactions; NCA – registration as credit provider (s 40) and unlawfulness (s 89(2)); NCA – pre-litigation requirements (ss 129, 130); Civil procedure – rescission of consent order – Uniform Rules 42(1)(a) and 31(2)(b); Sufficient cause and bona fide defence requirement for rescission.
 18 June 2021
Alexander Forbes Insurance Company Ltd v Cingo (40210/20) [2021] ZAGPPHC 5 (14 June 2021)
Rescission refused: insurer’s negligent handling of summons and unsubstantiated defences fail common-law test.
Rescission of judgment – Rule 42(1) – grounds not established; Common-law rescission – requirement of reasonable explanation for default and bona fide defence with prospects of success – insurer’s administrative failures amount to gross negligence; pleaded defences without supporting documentation fail to show prima facie prospects of success.
 14 June 2021