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The wheels of justice in this country can often look more like a rusted old wagon dragging through molasses, especially when the courts are so short on judges that cases practically fossilise before getting heard. And the R60 billion class action against the big four banks is still very much stuck in that same slow-motion legal limbo, riddled with endless delays.
That’s according to Advocate Douglas Shaw, who’s leading the charge against the banks for snapping up repossessed homes and offloading them for bargain-bin prices. If you’ve ever felt the sting of losing your home while a bank sells it for less than a second-hand bakkie, you’re not alone – hundreds of dispossessed homeowners have been waiting years for the class action to get certified.
But here’s the flicker of light at the end of the legal tunnel: the Office of the Gauteng Judge President has finally handed the matter to a judge to actually do something, per IOL.
“Once the class action is certified, it is hoped that things will run much faster and that the banks will then pay the hundreds of claimants who are now in dire financial need after losing their homes,” Shaw said.
In other words, justice might stop crawling and actually break into a jog. Shaw assures the public he’s doing what he can to claw back compensation for those who had their homes yanked out from under them.
And he’s not just making speeches, he’s launching a volunteer project to help speed up the mountain of admin clogging the process.
He’s pushing hard to get the class action certified in the Gauteng High Court, but the road isn’t exactly clear. The banks are throwing a legal tantrum over the structure of some affidavits filed by the claimants.
“All that is needed is for dates for heads of arguments to be given, and then shortly afterwards, for a set down date for the matter to be heard.”
That sounds simple enough, right? But this is a South African civil court; “simple” left the building years ago.
Speaking on the never-ending backlog in civil trials in Gauteng, Shaw noted that he’s got plenty of cases against the banks collecting legal dust, while the banks themselves somehow keep scoring court dates against his clients at record speed.
Apart from Road Accident Fund cases jamming the system, he says foreclosures and municipal billing dramas are hogging the court roll — and frankly, many of them don’t belong there.
“The banks are still trying to get orders to sell people’s houses when it is not a last resort.”
He points out the obvious: people fall behind on bond payments because they lose their jobs. But if they find new work and can resume payments, shouldn’t that be the first option before seizing someone’s home?
Instead of repossessing homes like repo-happy cowboys, Shaw says the banks should talk to their clients.
The banks, unsurprisingly, aren’t buying it. FirstRand Bank, echoing the others, claims in its opposing papers that the whole idea that banks recklessly flog homes at auctions without caring about owners is — wait for it — “simply not true”.
FNB insists it takes “every reasonable measure to avoid selling properties in execution”.
They say customers are informed of their rights, like being able to take a “payment holiday” (as if everyone knows how to navigate that maze), and only go the auction route when there’s really no other option.
Meanwhile, Shaw is still rallying the troops. If your home’s already been sold, email banksoldmyhouse@drdouglasjshaw.co.za. If the bank’s circling but hasn’t struck yet, hit up now@drdouglasjshaw.co.za.
And if you’ve got some time, energy, or just righteous anger to spare, join the admin effort by emailing volunteers@drdouglasjshaw.co.za.
Because if the courts are going to take their sweet time, it’s going to take a small army to keep the pressure on.
[Source: IOL]
