Former magistrate told to return Mercedes he ‘cannot afford’
A former magistrate who stopped paying for his Mercedes in 2023 has been told that being unable to afford it is no defence.
A former magistrate, Tashriq Ahmed, has been ordered by the Western Cape High Court to return a Mercedes-Benz C-Class to Standard Bank, despite Ahmed claiming the bank had not followed proper procedures under the National Credit Act. Ahmed had fallen behind on his payments by over two and a half years, but argued that the bank's claim was invalid due to alleged procedural errors.
However, Judge Daniel Lekhuleni dismissed Ahmed's defense, noting that the magistrate and attorney's financial difficulties were not enough to prevent the bank from repossessing the vehicle. Lekhuleni found that Ahmed had ample opportunity to bring his arrears up to date and had failed to do so. The court also criticized Standard Bank for filing its summary judgment application almost nine months late, but ultimately ruled in favor of the bank, confirming the cancellation of the instalment sale agreement and the return of the Mercedes to Standard Bank.
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