- Durban, Mahikeng, and Gauteng cases show the real dangers of not paying debts on time. Families have lost homes and cars.
- Courts have made it clear that informal promises or deals do not offer much protection. You must pay your debts and ensure all agreements are in writing.
- Once a court judgment is made, changing it is nearly impossible. This highlights the importance of clear communication and timely payments to lenders.
If you miss payments on your home or car, courts have shown that you will likely lose your property. Changing the outcome after a judgment is very difficult.
Durban: Eviction dispute
In Durban, a woman and her daughter lived in a Sherwood home for years, believing they were making “rent-to-buy” payments. However, those payments were never properly finalized. When the property changed hands, the new owner tried to evict them.
The court used the Prevention of Illegal Eviction Act (PIE) to provide some protection but noted that without clear payments and written agreements, the family remained at risk. For more than a decade, informal deals and missed payments kept them in jeopardy of losing their home.
Mahikeng: Car lost despite hopes for court help
In Mahikeng, Mokwena Tophia Kesiilwe lost his Nissan Hardbody after falling behind on car payments. He had been paying a company he believed was associated with his bank, but it turned out to be a scam. By the time he realized this, the bank had already repossessed the car.
He asked the court to reverse the decision, claiming he hadn’t been treated fairly. However, the judge stated that his effort to undo the judgment was just an excuse. The takeaway is that once you default and receive a judgment, courts are unlikely to change it unless you have a very strong case.
Gauteng: Another motorist’s appeal fails
A similar situation occurred in Gauteng, where a motorist tried to prevent his car from being repossessed by arguing about paperwork and informal deals. The court stated that more than technical arguments are needed. You must prove you paid or had a valid agreement to change the judgment.
The bottom line
Judges stressed one clear point: debts must be paid on time. Debtors need to get agreements in writing. Relying on court leniency, side deals, or late communication usually fails and risks losing your property.
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