A Western Cape High Court ruling has ordered a man to return his 2015 Volkswagen Touran 2.0 Trendline to Standard Bank after he failed to pay his car instalments, citing the COVID-19 pandemic as the reason. Tertius Franzsen had borrowed R292,277 from the bank in 2018 to purchase the vehicle, which came to R415,563 with interest, costs, and charges added.
By mid-March 2023, Franzsen owed the bank R182,908 plus interest. He relied on the concept of force majeure in his argument, stating that the pandemic made it impossible for him to fulfill his contract. However, the judge pointed out that he must prove that this impossibility was not self-created and that he provides no explanation of how the pandemic specifically impacted his ability to pay.
Court Rejects Force Majeure Argument
The court rejected Franzsen’s argument, noting that while the pandemic may have had some impact on his finances, his bank statement shows that he remained able to make payments, although not in full. According to the Department of Justice and Constitutional Development, a force majeure clause can only be invoked if the event is unforeseeable and beyond the control of the parties involved.
The judge also rejected Franzsen’s claim that the matter had been referred to an Ombudsman, stating that no supporting evidence had been provided despite the issue being raised as part of his defence. Additionally, the court dealt with Franzsen’s attempt to amend his plea and statement that he had instigated a counterclaim, stating that he provided no documentary proof that any counterclaim was filed in the George Circuit Court.
Abuse of Process
The ruling found that none of the defences Franzsen raised were genuine and that he had not made out a proper defence. The judge stated that the defences concerning the Ombudsman referral and the alleged counterclaim were neither bona fide nor substantive and served only to delay the matter, constituting an abuse of process.
The case highlights the importance of fulfilling contractual obligations and the need for parties to provide evidence to support their claims. As noted by the South African Legal Information Institute, the concept of force majeure is not a blanket excuse for non-performance and must be carefully considered in each case.
- The court ordered Franzsen to return the 2015 Volkswagen Touran 2.0 Trendline to Standard Bank.
- The vehicle was purchased for R415,563, including interest, costs, and charges.
- By mid-March 2023, Franzsen owed the bank R182,908 plus interest.
