CCT23/99

[1999] ZACC 16

2000 (1) SA 409 (CC)

1999 (12) BCLR 1420 (CC)

Mokgoro J

14 September 1999

16 November 1999

http://hdl.handle.net/20.500.12144/2075

Bophuthatswana High Court declared s 38(2) of Act 14 of 1981 invalid. Referred to Constitutional Court for confirmation.

Order of constitutional invalidity regarding section 38(2) of the North West Agricultural Bank Act 14 of 1981 confirmed by the Court for infringing the applicants right of access to court (section 34 of the Constitution) in that it permitted the Bank to seize the property of defaulting debtors with whom it has concluded loan agreements, and to sell such property to recover its debt, without recourse to a court of law. Mokgoro J for a unanimous Court.