BMW Financial Services was criticised for attempting to take a Range Rover Velar away from Ndlangisa Funeral Services and Lungisani Robert Ndlangisa, the company’s owner.
Judge Thokozile Masipa threw out BMW’s bid for summary judgment, denying the company’s attempt to repossess a vehicle over a disputed installment sale agreement.
The credit provider argued in the Pietermaritzburg High Court that Ndlangisa breached the contract by missing payments.
However, Ndlangisa had paid the outstanding amount before the court hearing, prompting a defence that the account was up-to-date.
Masipa rejected this request, noting the financial service provider’s explanation that logistical issues with affidavit signatures were insufficient.
More critically, the judge found no merit in the repossession claim, as the Ndlangisa Funeral Services had resolved the default.
Masipa highlighted that enforcing repossession after the consumer cleared the arrears would be unfair and against public policy.
The court highlighted the need to enforce contracts with good faith and fairness, particularly when consumers rectify breaches.
The ruling noted that credit laws aim to promote consumer rehabilitation, not punish temporary defaults.
Pursuit of repossession raises concerns
“Although the applicant contends that the payments were unallocated or made after default was triggered, it does not convincingly establish the persistence of the breach as of the date of issue of summons.
“Instead, the evidence points to an account that had been brought up to date or substantially cured by the time enforcement was pursued.
“The continued pursuit of cancellation and repossession in these circumstances raises serious concerns about fairness and proportionality,” said Masipa.
The vehicle credit provider argued it had a genuine defence, citing disputes over payment allocations and the absence of ongoing arrears.
The court dismissed both the condonation and summary judgment applications.
BMW Financial Services has been granted the right to defend the main case, with costs of the summary judgment to be determined later.
Speaking to Sunday World on Monday, Ndlangisa acknowledged the case, saying he would not want to comment.
“I think it would be better if you spoke to my lawyer because he is the one who is handling everything related to the matter,” he said.
