- The High Court has suspended the sale in execution of a Johannesburg family's home for six months.
- Nedbank had already obtained judgment and an order declaring the property specially executable.
- The homeowners must settle all arrears by 4 November 2026 or face a new sale in execution.
A Johannesburg family facing the loss of their home has been granted a six-month reprieve after the High Court suspended the sale in execution of their property.
This decision came despite the court noting that the family had brought their application at the very last minute and even changed their case during the hearing.
The dispute involved Nedbank Limited and homeowners Sibusiso Msomi and Shady Girly Msomi. Nedbank obtained judgment against the couple on 27 February 2025 for amounts owed under a mortgage bond and secured an order declaring their property specially executable.
The property, which is the couple’s primary residence, was set to be sold in execution on 5 June 2026.
Background to the dispute
After Nedbank obtained judgment, the homeowners engaged with the bank but did not enter into a payment arrangement, settle the arrears, or seek rescission of the judgment. A first sale in execution was scheduled for July 2025.
On the eve of that auction, the homeowners presented a private offer to purchase the property for R1.25 million. The purchaser successfully bid at the auction, but the sale was later cancelled after no payment was made. Following that cancellation, a second sale in execution was arranged for 5 June 2026.
The homeowners urgently approached the court to stop this sale, initially relying on a planned rescission application. However, during the hearing, their legal team abandoned that argument and instead asked for time to pay the arrears and save their home.
Relying on recent payments made into the bond account, the homeowners argued that they could settle the outstanding arrears within six months if execution was suspended.
Judge criticises last-minute change of case
Judge S Wentzel-Thompson was critical of how the matter was presented. The court noted that the homeowners’ legal representative had abandoned the original basis for the application and advanced an entirely new argument that had not been set out in their papers.
Judge Wentzel-Thompson remarked, “The applicant was undeniably ambushed and opposed my granting any indulgence to the respondents at this late stage to settle their long-outstanding indebtedness and avoid the imminent sale of their property in execution of that debt.”
The court also recorded that the homeowners only launched the urgent application days before the scheduled auction, despite having earlier opportunities to resolve the situation.
Court finds justice favoured temporary relief
Despite these concerns, the court considered whether a stay of execution would serve the interests of justice. The homeowners had paid R200,000 into the bond account in March 2026 and resumed monthly instalments in May and June 2026.
Although Nedbank argued that these payments were still insufficient and substantial arrears remained outstanding, the court decided a final opportunity should be given.
Judge Wentzel-Thompson emphasised that Rule 45A gives courts discretion to suspend execution when justice requires it. Referring to previous decisions, the judge noted, “The guiding principle will be that execution will be suspended where real and substantial justice necessitates it.”
He continued, “I have decided in the exercise of my discretion to afford the respondents a final lifeline to stay execution of the judgment provided that they pay all of their arrears within a period of six months… I do so as I fundamentally feel that this would be in the interests of justice.”
The court also found it significant that the homeowners had demonstrated good faith by making substantial payments towards the arrears and maintaining recent instalments.
Final warning from the court
While granting relief, the court made it clear that the homeowners had reached the end of the road for judicial indulgences.
Judge Wentzel Thompson warned, “Should the full amount of the arrears not be settled within six months, the applicant is entitled to forthwith proceed with a sale in execution and no further indulgences will be granted.”
The sale in execution has been suspended until 4 November 2026. Nedbank is entitled to immediately arrange a new sale in execution for 5 November 2026 if the arrears are not settled in full by that date.
The homeowners were also ordered to pay the costs of the application and the wasted costs related to the cancelled sale in execution scheduled for 5 June 2026.
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