On 30 September 2013, the SCA handed down judgment in ABSA v Mkhize and Others, in which SERI appeared as amicus curiae. The SCA struck the matter from the roll as the majority of the bench held that the order of the High Court was not appealable, while the minority argued that the appeal should be dismissed on the merits.
The case concerns the correct interpretation of the decision of the Constitutional Court in Sebola (see here). SERI argued that the High Court judgment in the ABSA case was correctly decided when it held that the Sebola decision precluded it from granting the applications for default judgment. On the facts it was clear that the section 129(1)(a) notices required in terms of the National Credit Act 34 of 2005 did not reach the respondents.