While hundreds of people who claimed that their homes were unfairly repossessed will turn to court to have a R60bn class action against major banks certified, the court ordered that no more affidavits may be filed in this matter.

According to The Star, the Gauteng High Court (Johannesburg) is due to hear the matter relating to the class action later this month. But it recently delivered a judgment regarding interlocutory applications in the long-running proceedings to have the matter classified as a class action.

The applicants, among others, wanted the court to grant them an indulgence to file further affidavits to bolster their case. This is in spite of previous pronouncements by judges that the pleadings have closed.

The certification of a class action was instituted in February 2020 against four of the country’s major banks, as well as against financial institutions and public bodies.

Their case is that the banks sold their properties for amounts substantially less than their market value, or not as a last resort.

They said that on this basis, the banks are liable for the losses they have suffered as a result. The applicants also want to include as members of the class, those persons who were affected by sales in the execution of properties they owned.

Their claim for damages against the banks is based on three independent causes of action, which include in delict, in that it is alleged that the banks’ conduct in the form of the sale of the properties in execution was wrongful and for which the banks are at fault.

According to The Star, the other cause claimed is that it is alleged banks charged the class members charges and fees not authorised under the contracts with their customers.

It is also claimed that the banks have acted contrary to the Constitution in the sale of some of the properties during the sale of execution processes.

Judge Leonie Windell, who heard the interlocutory application, noted that the applicants continued for years to file dozens of additional affidavits, despite repeated objections and two judicial directives requiring procedural compliance.

Lawyer Douglas Shaw, who represents the applicants asked the court to allow the filing of these affidavits.

The banks opposed the request to file more affidavits.

‘The certification application has now been pending for more than five years. The effect of the delay on the administration of justice and on other litigants is significant,’ Judge Windell said in refusing the application.

Shaw, meanwhile, gave the assurance that he is ready and prepared to take on the banks in court on 24 February.

Full report in The Star