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The bank in this instance is owed around R 10 million from a company which has, inter-alia, registered mortgaged bonds over three properties owned by the surety of the company.

The allegation in the founding affidavit is that none of the properties is the surety's primary residence as he does not reside at any of the addresses, but at a fourth address.

The surety concedes that he does not live at the properties, but resists the foreclosure on these properties on the grounds that he has three wives to whom he is married by Muslim rites. He further states that he is required to provide each wife with a house. He has done so, and these properties are the primary residences of each of his wives. He says that an order to foreclose on these properties would infringe on the rights of his wives as enshrined by section 26 of the Constitution.