Synopsis:
Application to overturn a High Court’s refusal to rescind a default judgment granted in the context of the National Credit Act 34 of 2005. The Court found that when a consumer breaches a debt restructuring order, the credit provider is entitled, in terms of the Act, to enforce the debt without further notice. The debt enforcement, in this case, did not amount to a ground for rescission of the default judgment, as there was no irregularity or error. The Court refused leave to appeal.
Judgment: Moseneke ACJ (unanimous).