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ARTICLE · 27 FEBRUARY 2026

When "Served" Isn't Served

Getting a summons issued is only half the battle in a debt recovery or enforcement matter. The other half is making sure the defendant is properly served...

South AfricaLitigation, Mediation & Arbitration

Why defective service can derail your default judgment

Getting a summons issued is only half the battle in a debt recovery or enforcement matter. The other half is making sure the defendant is properly served; because if service is defective, your "unopposed" default judgment can be refused, pushing you into further steps, further delay and further cost.

That risk was illustrated clearly in Nedbank Limited v Conco; Nedbank Limited v Mhlanga; Nedbank Limited v Nodada; Nedbank Limited v Yekwa (Western Cape High Court), delivered 06 February 2026. Four default judgment applications were refused because service at a chosen domicilium was recorded as having been done by affixing copies to a door, gate, or post box – a method the Court held is not permitted under the amended Rule 4(1)(a)(iv).

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