ADVOCATE DOUGLAS SHAW interviewed by Judy Sole on his case against major South African banks on behalf of a group of victims of unfair Bank repossession.
SA Banks repossess more than 4 times the international average.Shaw says they repossess too quickly But worse – the houses are almost always sold at far less than their true value EVEN WHEN A BETTER OFFER IS SOMETIMES ON THE TABLE.The Constitution needs to be changed to prevent skulduggery.
My problem is with an address 15 Km from the court. Government Gazette 35450 brought about some changes by the insertion of rule 4A after rule 4 of the uniform rules of court. I could not make head or tail what that they tried to achieve. I found a article in De Rebus where an senior advocate pionted out the probems and called for amemendment. So I was not the only one having a problem. I approached the High Court for the review of the property problem but the magistrate failed to adhere to rule 53(1) and the matter was removed from the role. My documentation is ready to be filed but to find an attorney to act against that bank is a problem, most of them been on that bank’s panel or want to charge me on a monthly basis to be a correspondent.
I can not find any cases where the courts have dealt with rule 4A. What will happen if I serve the papers on the bank’s attorneys and only supply my e-mail address.
Can you give any advice?