oa ESR Review : Economic and Social Rights in South Africa - Testing the limits of the South African constitution : an analysis of Nkwane v Standard Bank and Others (2018) - case review

Volume 20 Number 2
  • ISSN : 1684-260X



On 22 March 2018, the Pretoria High Court delivered the controversial judgment of Nkwane v Standard Bank and Others. The Court dismissed a constitutional challenge against rules of the court that allow the home of a debtor to be sold without a reserve price. The implication of the judgment is that a debtor’s home can be sold for next to nothing, as was the case in this matter. The judgment has far-reaching ramifications for the right of access to housing. This review analyses the key issues and considers the question of whether the sale of a property without a reserve price constitutes an arbitrary deprivation of property.

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