n South African Law Journal - Unshackling the defence a little : notes

Volume 131, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



Summary judgment is a drastic and harsh remedy, as it deprives defendants of the opportunity to defend themselves against a claim that has been lodged against them. The remedy is very often invoked in credit agreements where the debtor has defaulted on the credit agreement without any proper excuse. It provides creditors an opportunity to obtain judgment where the defence raised by the defendant has no real chance of success and is raised merely for dilatory purposes or to frustrate the creditor. Courts have since an early stage applied the requirements of Rule 32(2) of the Uniform Rules of Court quite strictly due the drastic nature of the remedy, but have also done so realistically (see 1967 (4) SA 105 (C) at 111A-B and 1976 (1) SA 418 (A) at 423B-H). The case (supra) remains the locus classicus in this regard.

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