Know how to protect yourself from banks trying to auction your repossessed property.

Loading player...
In the recent news, Lawyers representing consumers facing home repossession have applauded a recent case in the Gauteng High Court that blocks lawyers trying to side-step court procedures by selling these homes for less than their market worth.
The February 2022 ruling by Judge Fisher slapped down the practice of banks’ lawyers approaching judges in chambers in an attempt to circumvent the reserve (floor) price requirement. Until 2018, banks were frequently selling repossessed homes at well below market price, giving rise to suspicions that syndicates operating in the banks and sheriffs’ offices were engineering these sales so they could pick them up for a song. Some were sold for as little as R10, often leaving the defaulting borrower with a huge outstanding debt to the bank, and with no chance of receiving any equity built up in the home.
This followed a 2017 change in Court Rule 46A which requires the sheriff of the court to personally serve the execution notice on the debtor, and not to a neighbour or the debtor’s child as had happened in the past.
This was intended to provide the debtor with an opportunity to mount a legal defence. The change in the court rules also made provision for the court to impose a reserve price, with the sheriff reporting back to the court within five days if that price was not obtained at auction.
To circumvent this requirement, lawyers were found to be side-stepping the court by approaching judges in chambers when a reserve price was not obtained at auction to seek the judge’s blessing to sell the property at a lower price.
8 Mar 2022 3AM English South Africa Business News · Investing

Other recent episodes

SA Payments Behind the Fifa Passion

Visa’s data reveals how FIFA World Cup 2026™ shifted SA spending — from a 72% surge in sports recreation to 76% spikes in live screening ahead of Bafana’s Round of 32 match. Zeyad Davids, Vice President, Head of Marketing Services, Central Europe, Middle East & Africa at Visa explains how…
30 Jul 1PM 11 min

Life vs Funeral: The Real Difference

South Africa’s insurance gap has widened to R50.4 trillion. Capitec Life CEO Deepesh Desai explains why funeral cover dominates, why life cover lags at 19%, and how Capitec wants to change the national conversation.
30 Jul 1PM 11 min

Brand SA data shows South Africa’s Reputation Turning a Corner

South Africa scores 3.70 among audiences who know it best — placing the nation second in the world and above the Love Mark threshold. Brand SA’s Olebogeng Mabala unpacks the 0.87‑point gap between familiar and unfamiliar audiences, the economic stakes of reputation, and why “South Africa converts” once people experience…
30 Jul 12PM 19 min

PIC At War With Itself: Governance and the health of Pensions

The Public Investment Corporation—custodian of more than R3 trillion in public money and the retirement savings of millions of South Africans—is once again in the spotlight for all the wrong reasons. A whistleblower complaint, the controversial Lanseria Airport deal, the precautionary suspension of CEO Patrick Dlamini, board resignations and FSCA…
29 Jul 2PM 10 min

Africa’s Delivery Generation: Youth Demand Jobs & Clean Government

The African Youth Survey 2026 reveals a rising generation more optimistic than at any time since the pandemic — but demanding delivery, accountability and economic dignity. Commissioner Ivor Ichikowitz unpacks why optimism has surged, why cost‑of‑living pressures dominate youth concerns, and why young Africans support democracy but reject Western models…
29 Jul 1PM 12 min