ADVOCATE DOUGLAS SHAW interviewed by Judy Sole on his case against major South African banks on behalf of a group of victims of unfair Bank repossession.
SA Banks repossess more than 4 times the international average.Shaw says they repossess too quickly But worse – the houses are almost always sold at far less than their true value EVEN WHEN A BETTER OFFER IS SOMETIMES ON THE TABLE.The Constitution needs to be changed to prevent skulduggery.

About Jason Sole


  1. My problem is with an address 15 Km from the court. Government Gazette 35450 brought about some changes by the insertion of rule 4A after rule 4 of the uniform rules of court. I could not make head or tail what that they tried to achieve. I found a article in De Rebus where an senior advocate pionted out the probems and called for amemendment. So I was not the only one having a problem. I approached the High Court for the review of the property problem but the magistrate failed to adhere to rule 53(1) and the matter was removed from the role. My documentation is ready to be filed but to find an attorney to act against that bank is a problem, most of them been on that bank’s panel or want to charge me on a monthly basis to be a correspondent.

    I can not find any cases where the courts have dealt with rule 4A. What will happen if I serve the papers on the bank’s attorneys and only supply my e-mail address.

    Can you give any advice?

  2. I have also lost my house but had no money to fight the bank. I believe that the bank also bought the house from the sheriff and immediately sold it on to a lock businessman for a huge profit. I am from a small town in Limpopo Province Hoedspruit.

  3. I am a single father with 2 children .I lost my house to Nedbank 8 years ago .
    The staff of Nedbank never gave me a chance to come up with the money.i was telephone and told that legal action was in process and the sheriff was instructed to lock up my house the person on the phone from Nedbank said that I have 2 days to leave the house or I will be removed. I panicked and moved out with my children to a friend’s house we left some furniture as we have no place to store it.A day after moving out of the house I went to check way was happening and true to God Nedbank had locked up the house and put a private security company to look after it. The same company removed all my furniture and even all light fittings and the two garage motors all was stolen a day later.
    The house went on auction 3 weeks later and bought back by the bank at 1/4 of the price it was then sold 2 weeks later for approximately a million rand more .
    They bank black listed me unroll today I can’t buy anything on my name.I curse Nedbank and the people that work there they ruined my children and my life.

    • Hi Sean,

      Thanks for the message. Do you think it would be possible for us to do a short film clip of your story? We would like to use it for our campaign. Also check out http://www.bankinglawadvisor.co.za/ and send in your information. Your story is exactly why this case has been brought forward so your assistance would be greatly appreciated.

  4. Is it too late to be part of the suit against the banks, wasn’t aware of it until last night? My apartment was also sold for next to nothing, leaving me to cover (pay back) a shortfall of almost what the Property was worth.

  5. Hi there is also lost my house in 2011 seeing that I could not afford paying the bond I went under debt review. Whilst under debt review the bank issued me with summons. However the court date for debt review was withdrawn and the proparty was auctioned for half the market value. I then started a new job and approached the bank manager at Nedbank giving him a written agreement to pay my whole salary towards the bond as I had a cmt business running from home which could cater for other necessities. The bank manager declined my request the property went on auction the buyer did not even view the property but purchased it at the auction. Later we has come to know there was some familinanity breeding contempt between the bank manager and the buyer.Are we able to lodge on the above grounds. Please advise.

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