Latest news with #Southwood
The Citizen
22-07-2025
- Business
- The Citizen
Nedbank exposed for ethical failures in court
A judge exposed serious ethical lapses by Nedbank and its legal team in a foreclosure case involving multiple homeowners. Do you trust your bank? Would you trust a lawyer? It is a sad indictment of the current state of our society that many South Africans would hesitate before answering those questions… or even reply in the negative. Dealings with these institutions or people fall under what the experts would call 'grudge purchases'… you don't want to spend the money, but you have no choice. Yet, seldom are consumers able to produce a smoking gun of the chicanery – especially when it involves banks and legal people working together. ALSO READ: Bad day in home foreclosure court for Nedbank and its lawyers But, as we report on our business pages today, that all changed last week when Nedbank, its property valuation experts and lawyers were given a hiding by Acting Judge Fiona Southwood of the High Court in Johannesburg. In halting Nedbank's attempts to foreclose on 12 properties, each with different owners, Southwood found numerous instances of non-compliance with court rules and ethical standards. The judge raised serious concerns about the conduct of Nedbank's attorneys, counsel and property valuation experts. She referred a number of the attorneys involved, as well as an advocate and a property valuer, to their professional bodies for investigation and possible censure. All involved need to apologise – and ensure this nefarious activity does not continue. NOW READ: Mystery debit orders leave bank client without answers
The Citizen
21-07-2025
- Business
- The Citizen
Bad day in home foreclosure court for Nedbank and its lawyers
Lawyers referred to Legal Practice Council for misleading the court. The bank was attempting to foreclose on 12 homes. In one instance, a valuation was done based on assumptions. Picture: AdobeStock It was a bad day in court last week for Nedbank, its property valuation experts, and its lawyers. In a scathing judgment, Acting Judge Fiona Southwood of the Johannesburg High Court halted Nedbank's attempts to foreclose on 12 properties, each with different owners, citing numerous instances of non-compliance with court rules and ethical standards. The judge raised serious concerns about the conduct of Nedbank's attorneys, counsel and property valuation experts. Nor did she place much credibility on the arrears amounts claimed by the bank in several cases brought before the court by the bank. The bank statements in five cases show the respondents were making payments on their mortgage loans. 'This raises a concern that the amount certified as being in arrears is not credible. [Nedbank's] counsel could not address my concern. It is advisable that the applicant lodge an affidavit to explain why the balance does not change,' reads the judgment. ALSO READ: Court reverses home repo judgment after Nedbank bungled calculations Falsehoods Nedbank's attorney and counsel were found to have misled the court in one case by claiming the owner was properly served with legal notices and then – when challenged by the judge – denied any misrepresentation. 'There is no evidence in the record that the address at which personal service occurred is the home of the respondent,' reads the unreported judgment. 'At face value, the submissions in counsel's practice note constitute misrepresentations to the court. Furthermore, the attorney's incorrect allegation as to what appeared in the sheriff's return also constitutes, at face value, a misrepresentation to the court.' The bank's attorneys were referred to the Legal Practice Council (LPC) for further investigation, while the counsel representing Nedbank will have to answer to the same council as well as the Pretoria Society of Advocates. ALSO READ: Class action suit shows banks sell repossessed houses for cents in the rand 12 cases, 'recurring issues' The 12 cases – heard during the court's 'Big Bang Week' when 15 courts heard 70 cases a day from 18 to 20 June 2025 – involved unopposed foreclosure applications under Rule 46A, which governs execution (public auction) against residential immovable property. Rule 46A requires strict judicial oversight to ensure that foreclosure does not violate homeowners' rights, particularly when the property is their primary residence. Judge Southwood identified several recurring issues that led to the dismissal or postponement of Nedbank's applications, including improper document handling, inadequate valuations, failure to serve notices correctly, and misrepresentations by legal practitioners. One of the requirements in foreclosure applications is a valuation of the property. This is to prevent properties being sold at well below market prices, a practice that historically led to homeowners losing equity accumulated in their homes. 'The valuer used in every instance did not give a satisfactory basis for claiming expertise in valuations nor indicate her qualifications and it was uncertain that she was in fact employed by an independent third party as she alleged,' says the judgment. In one instance, a valuation was done without gaining access to the property. The valuator relied on assumptions about the number and sizes of the rooms, as well as the quality of finishes. ALSO READ: Banks face R60bn claim for selling defaulters' homes too cheaply The valuator was referred to the South African Council for the Property Valuers Profession (SACPVP) for investigation. In multiple cases, documents were not uploaded correctly to CaseLines, the court's electronic case management system, hindering judicial preparation. Affidavits meant to verify the authenticity of security documents were either missing, incomplete, or lacked proper references. In one case, the bank submitted copies of original documents, stating that originals were stored in a 'safe storage facility' without further evidence. Nedbank also failed to comply with the National Credit Act's requirements for serving Section 129 notices, which inform debtors of their rights to resolve arrears before legal action. One notice was sent to an incorrect email address, with the bank's legal counsel admitting the process was flawed. ALSO READ: Another slapdown for banks in high court 'Strong message' This ruling is stunning in its scope, sending a strong message to financial institutions and their legal representatives about the importance of meticulous compliance with court procedures and ethical standards in foreclosure cases. The judgment emphasises the courts' role in safeguarding the right to housing, particularly for primary residences, as mandated by the Constitutional Court. The ruling offers a reprieve for the homeowners, ensuring their homes cannot be seized without rigorous judicial scrutiny. As the LPC and SACPVP investigate the professionals involved, the case also highlights the need for accountability in South Africa's legal and financial sectors, says consumer legal advisor Leonard Benjamin. 'Nedbank now faces the challenge of rectifying its applications to meet the court's stringent requirements, while the ruling sets a precedent for future foreclosure proceedings. ALSO READ: R60bn class action suit against the banks set down for 2026 'We've seen far too many instances of banks selling peoples' homes using judgments that should not have been granted in the first place,' he adds. 'Here's a ruling that I hope draws a line in the sand. Judge Southwood must be commended for rejecting outright sub-standard presentation of cases by Nedbank. 'While it must be appreciated that the volume of matters that must be dealt with places the judiciary under considerable pressure, it is no excuse and of little comfort to consumers because, in many cases, judges are all that stand between judgments that should not have been granted in the first place and possible homelessness. 'Clearly, despite increased judicial oversight, the banks still believe that, as [a] right, they are entitled to foreclose and that legal proceedings are a mere formality. Hopefully, this is coming to an end.' This article was republished from Moneyweb. Read the original here.
Belfast Telegraph
07-07-2025
- Sport
- Belfast Telegraph
Northern Ireland goalkeeper delighted to seal move to League Two side: ‘I feel it's a club that's matching my ambition'
The shot-stopper has signed a contract until the summer of 2027 with the EFL League Two outfit after linking up from Bolton Wanderers in the League above. The 27-year-old Oxford native originally rose through the ranks at Reading, spending time on loan with Bath City, Eastleigh, Hamilton Academical and Cheltenham Town before signing for the latter on a permanent basis in 2023. After being an ever-present between the sticks for Cheltenham, he arrived at Bolton in the summer of 2024 where he made 26 appearances in total and he is on the move once again to Rovers, who were relegated from League One following a 22nd-placed finish in the 2024/25 season. Former England youth international and 2017 Under-20 World Cup winner Southwood made his one and only senior appearance to date for Northern Ireland – for whom he qualifies through his grandmother – in a 3-1 friendly win away to Luxembourg in March 2022. Southwood is keen to push on at The Memorial Stadium and, upon confirmation of his move, commented: 'I am buzzing. I'm really happy to get it done, and I can't wait to get going. 'I've played against the club loads of times over the last few years, and the fanbase is brilliant. 'You can feel the passion, and I just feel like it's a club that's matching my ambition, and I want to get on board with it.' Rovers head coach Darrell Clarke, who previously worked with Southwood at Cheltenham, added: 'It is great to welcome Luke to Bristol Rovers. 'Having worked with him previously, I know first-hand not only the quality and calmness he possesses but the great personality he has, too. 'He is very good with his feet, a strong influence on the defensive line and a super shot-stopper, too. I am looking forward to working with him again this season.'
Belfast Telegraph
01-07-2025
- Sport
- Belfast Telegraph
Northern Ireland goalkeeper on the brink of League Two switch
The goalkeeper has held discussions with the Pirates and is expected to undergo a medical later this week before completing the move. Southwood made 26 first team appearances for the League One side last term. However, his chances of playing regularly this season were diminished when Bolton signed the highly-rated England Under 21 international Teddy Sharman-Lowe on loan from Chelsea. The 27 year-old has previously played for Reading and Cheltenham Town. Although he has featured in several Northern Ireland squads since transferring his international allegiance from his native England in 2021, he has won just one cap – featuring in a 3-1 friendly win over Luxembourg in 2022. In recent squads, Southwood has found himself third choice between Sheffield Wednesday youngster Pierce Charles and Plymouth Argyle's first choice shot stopper Conor Hazard.
BBC News
12-02-2025
- Sport
- BBC News
Concern over plans to remove Rayleigh football pitches
A plan to remove football pitches from leisure centres in south Essex has drawn complaints from families and club Council and its leisure centre operator, Everyone Active, was looking at replacing sports pitches with padel courts, with one councillor describing the move as "anti-football", The Local Democracy Reporting Service said. Padel has risen in popularity in recent times and described as a more accessible version of tennis which is played with stringless racquets on smaller Active said the decision pre-dated its appointment as leisure centre operator. The council has been approached for comment. Several local football clubs were working on a petition against the Southwood, who runs the Football Fun Factory in Rayleigh, Hockley and Southend said that parents were concerned about the impact of removing pitches."This would have a massive impact on the children," he said."If they remove the pitches there will be nowhere for these children to go and play football."Rayleigh Leisure Centre is the only place children and people can play in the area. We are trying to inspire the next generation of football players."Danielle Belton, the leader of the Conservative group on Rochford Council, said: "The football community in the area is huge. "It's not just about football. The parents get a lot out of it and can go shopping, to the gym or for a coffee. There is a feeling the council is anti-football".However, Lisa Newport, chair of the council's communities, wellbeing and housing committee said no decisions had been made about replacing the football pitches at Rayleigh Leisure Everyone Active spokesperson said: "Plans for the padel courts were in the council's original management tender when selecting a new operator and was not an Everyone Active decision." Follow Essex news on BBC Sounds, Facebook, Instagram and X.
