A Cape Town homeowner is set to lose a Western Seaboard property valued at about R3 million for 56% of its market value after he not only failed to pay the bond but also didn’t follow through on his defence.
Image: Sora
A Cape Town homeowner is set to lose a Western Seaboard property valued at about R3 million for 56% of its market value after he not only failed to pay the bond but also didn’t follow through on his defence.
Nedbank took Mandla Stephans to court in 2023 when he had fallen substantially behind on bond repayments, but the parties came to an agreement before the home was sold in execution.
That then led to Stephans applying for a recission of the decision that enabled Nedbank to sell his house, but he failed to follow up by lodging paperwork. He subsequently also didn’t file an opposing affidavit ahead of the matter ending up in court again this March.
The saga dates back to 2017, when Stephans borrowed R1.7 million to buy the Sandown home. Sandown is a rapidly growing, secure residential suburb located on the Western Seaboard of Cape Town, Western Cape. Situated in the Milnerton Estates.
However, Stephens failed to pay the bond and, by October 2025, the total debt had reached more than R2.07 million, with arrears of about R444,921. That worsened to over R512,000 by February 2026.
Nedbank was seeking R1.7 million with interest, an order to sell the property, and costs.
“The distinctive feature of this matter is that the defendant filed a plea but failed to deliver an affidavit opposing the summary judgment application,” read the ruling.
The judge also asked whether the court should, in the absence of an opposing affidavit, still consider the defences raised in the plea or treat the matter as unopposed. Ultimately, the court decided to interrogate Stephens’ plea.
However, the ruling shows that this was found wanting in several aspects.
“The balance of the plea consists of bald denials that are not substantiated by any material facts. The defendant's denial that the copy of the mortgage bond annexed to the particulars of claim is the correct bond document is inherently implausible given the other facts that are admitted,” said the judge.
In the ruling, the judge also indicates that the rest of his defence also consisted of unsupported denials.
The payment history also counted against him.
The court noted that no payments were made for extended periods, including between July 2023 and October 2024, and again throughout 2025. The last payment, in December 2024, was below the required instalment.
At the same time, the homeowner did not place any evidence before the court about his housing circumstances, limiting the court’s ability to consider protections for a primary residence.
It was also pointed out that summons was previously served at a different residence that Stephens had listed as his legal address for documentary purposes.
As the debt exceeded R2 million, Stephens had not made payments, and he had not validly defended a sale in execution, the court ruled that the property could be sold.
The home is valued at about R3 million, with a forced sale value of R2.4 million, but will go to auction with a reserve price of R1.7 million.
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