A Paarl couple could lose their family home over an unpaid construction debt of nearly
R190 000 after the Western Cape High Court authorised the property to be sold at auction.
However, the court has postponed the sale until March 1, 2027, giving the family time to find alternative accommodation or sell the property privately. In a judgment delivered on November 3, judges Francis J and acting Judge Mthimunye overturned a Paarl Magistrates’ Court decision that had dismissed the creditors’ application to have the property declared executable.
Construction dispute led to mounting debt
The dispute stems from a construction agreement involving creditors Albertus Jacobus Snyman and Ronel Rautenbach, who accused Marius Alexander Joostenberg of failing to complete building work, using defective materials and leaving parts of the project unfinished.
The creditors said they had financed the work through a R220 000 family loan, which they are still repaying at R5 000 a month. Following a settlement agreement in June 2024, Joostenberg undertook to pay R165 000 but failed to meet the deadline.
A default judgment was subsequently granted against him for R165 143.50, together with interest and costs.
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Court rejects proposed repayment plan
By March 31, 2026, the outstanding judgment debt had increased to R189 904.97. Joostenberg, who represented himself and his wife during the appeal, told the court he was unemployed and asked for his debts to be consolidated into a manageable repayment arrangement.
His wife earns R22 000 a month, with approximately R12 000 remaining after deductions. The couple had previously offered to pay R7 500 monthly, increasing to R10 000. However, the court found the proposal unsustainable, particularly because it depended on Joostenberg securing employment.
The judges noted that the couple had managed to pay only R14 000 over five months, averaging R2 800 monthly. Francis said: “A tender is reasonable only if it can be performed.”
R3 000 a month would take about eight years to settle
The court found that paying approximately R3 000 a month would take about eight years to settle the debt, excluding the impact of accumulating interest.
The couple live at the property with their two children, aged nine and 11. The judges acknowledged that selling their primary residence would disrupt the children’s lives and potentially affect their schooling.
However, they also considered the creditors’ financial circumstances, noting that they were private individuals still servicing the loan used to finance the construction work. The court further found that a sale at the R1-million reserve price could leave the family with approximately R560 000 after settling the outstanding home loan and judgment debt, before execution costs.
It therefore ruled that the children’s best interests could be accommodated by postponing the sale, rather than preventing execution altogether.
Execution order does not mean immediate eviction
The judgment also clarified that declaring a property executable does not automatically mean its occupants must leave.
Any eviction would require a separate court order, with the circumstances of the family and the children’s interests considered. The High Court upheld the appeal, set aside the magistrate’s October 21, 2025 order and ordered Joostenberg to pay the creditors’ legal costs.
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- A Paarl couple could lose their family home over an unpaid construction debt of nearly R190 000 after the Western Cape High Court authorised the property to be sold at auction.
- However, the court has postponed the sale until March 1, 2027, giving the family time to find alternative accommodation or sell the property privately.
- In a judgment delivered on November 3, judges Francis J and acting Judge Mthimunye overturned a Paarl Magistrates’ Court decision that had dismissed the creditors’ application to have the property declared executable.
- Construction dispute led to mounting debt The dispute stems from a construction agreement involving creditors Albertus Jacobus Snyman and Ronel Rautenbach, who accused Marius Alexander Joostenberg of failing to complete building work, using defective materials and leaving parts of the project unfinished.
- The creditors said they had financed the work through a R220 000 family loan, which they are still repaying at R5 000 a month.
