A Wesbank client who is battling with the financial provider at the Constitutional Court after allegedly being defrauded, says his family has suffered depression after losing their belongings.

Mzukisi Ndara said his family had been forced to sell their East London properties after Wesbank blacklisted him.

Mzukisi Ndara, a former senior manager at the Health Department in the Eastern Cape, entered into an instalment sale agreement to purchase a used 2004 Nissan X-trail 2.2d SE.

The Sunday Tribune reports that the vehicle was valued at R270 000, but Ndara allegedly purchased it for R297 990 after the bank and dealership misled him.

He took the matter to the Constitutional Court last week after various courts dismissed his case. Wesbank said Ndara was within his rights to pursue the legal options available to him.

The bank said his case had been tested across various tiers of the SA justice system and the courts had consistently found in favour of Wesbank.

In court papers, Ndara said the vehicle was delivered on 25 November 2004.

The vehicle was presented as a used one by the dealership to promote and demonstrate its features to customers in its first registration on 8 October 2004. But Wesbank and the dealership allegedly presented the status of the vehicle as a new Nissan X-trail and a superior model.

Ndara said this was the reason the price of the vehicle was allegedly inflated to R297 990.

Ndara added that Wesbank and the dealership carefully and fraudulently sought to hide the information that the vehicle was a used one.

‘In addition ... the respondents fraudulently withheld the true facts and sold the aforementioned motor vehicle at an inflated price of R297 990 with an interest rate of prime plus 4.5% as opposed to prime less 2% to which I was entitled as a senior manager or director of a government department under Wesbank Government Scheme agreement.’

The Sunday Tribune notes that he said Wesbank also failed to provide him with a copy of the offer to purchase.

After numerous attempts by Ndara to fight for his right, Wesbank blacklisted him.

Full Sunday Tribune report