Court Saves Home from Sheriff’s Sale Over R50k Levy Dispute, Slams Body Corporate Tactics

In a ruling that underscores the constitutional protection of a person’s home, the South Gauteng High Court has slammed the brakes on the forced sale of a Kempton Park residence over a body corporate debt of just over R50,000. The court found the planned auction of Canicias Ndlovu’s home, valued at approximately R710,000, was disproportionate and that the Ciloas Body Corporate had acted in a manner that may have unfairly shut him out of the legal process.

The case reveals a troubling timeline. The body corporate obtained a judgment for the arrears in the Kempton Park Magistrate’s Court in July 2020. It then waited almost four years before seeking a High Court order to execute against the property. That order was granted as unopposed after Ndlovu’s former attorney allegedly failed to file papers due to a fee dispute, leaving Ndlovu unaware until the sheriff scheduled an auction for 5 February 2026.

A “Primary Residence” and the Proportionality Principle

Judge Stuard David James Wilson found that Ndlovu had established a strong case for rescinding the execution order. Critically, the court noted that the home was Ndlovu’s primary residencea fact not disclosed when the execution order was granted. This triggered a necessary constitutional proportionality assessment.

The judge highlighted several factors weighing against the sale: the home’s value was fourteen times the debt; the body corporate delayed for years before acting; and Ndlovu had a history of making substantial payments, including lump sums up to R80,000 and perfect monthly payments for the past three years. This suggested “alternative means of recovering the debt” existed.

Court Rejects “Moving Goalposts” on Debt Amount

The body corporate argued Ndlovu actually owed over R200,000 based on a later acknowledgment of debt. The court flatly rejected this, stating the execution order was based solely on the 2020 judgment, not any subsequent agreements. The court also set aside the writ of execution for incorrectly calculating compound interest instead of the simple interest permitted by the original judgment.

The sale has been halted pending Ndlovu’s application to rescind the execution order entirely. The ruling is a stark warning to bodies corporate and other creditors: using a sledgehammer (a forced sale) to crack a nut (a relatively small debt) on a person’s primary home will face rigorous judicial scrutiny, especially when there are signs of procedural unfairness and a willingness by the debtor to pay. For Ndlovu, the ruling is a last-minute reprieve in a battle over his most valuable asset.

{Source: IOL}

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