A win against ABSA on a point that may affect many people whose houses the banks wish to sell.

I won against ABSA this week in the Gauteng North court at Pretoria .and on an interesting point. It was a leave to appeal which means I am asking the judge to consider that another court may come to a different opinion than the one that he has  himself  found on a judgment he made before. Needless to say, judges often don’t like to do this. In this case, it concerned a client where the bank got an order to sell his house (execution) BEFORE the new rule 46A became law. I was arguing that despite the fact that the rule was not in force at the time, the fact that the law had changed showed, in this case, that the previous law had been unconstitutional. Thus the change in this case moved the law to what it should  have been.  The judge took my argument and ran with it.  That is not to say he says that IS the law, but he was convinced enough to find that another court may find  that that IS the law. So he granted my client leave to appeal.  If the appeal court does find this then even when orders of execution were granted before Dec 2017, the bank must still bring an application to set a reserve price and bring the municipal valuation etc.  This would stop houses being sold for ridiculously low amounts, the norm before December 2017.  #gooddayincourt.