North West Court Throws Out FirstRand’s Bid To Repossess Car From Deceased Woman

The North West High Court in Mahikeng has dismissed FirstRand Bank’s attempt to repossess a vehicle from a woman who died months before the alleged payment default.

The late Lilian Dinekile Botsane purchased a Ford Figo 1.5Ti VCT Titanium in October 2023 with finance from the bank. She remained fully up to date with her instalments until her death in January 2024.

Her first missed payment was recorded in February, after she had already passed away.

Despite this, FirstRand Bank proceeded to issue summons for repossession in August 2024, apparently unaware that Botsane was no longer alive.

FirstRand Case: Court Reveals Summons Sent to Old Address

During proceedings, Botsane’s elderly parents attended court—not as litigants, but to explain their daughter’s circumstances. They confirmed she died before any default occurred. The bank’s lawyer told the court he had no knowledge of her passing.

Acting Judge Tsakane Tsautse noted that this lack of awareness stemmed from the bank repeatedly sending summons to an address where Botsane no longer lived.

As such, there was nothing to alert the bank that she had died. However, Judge Tsautse stressed that this did not correct the legal flaws in the application.

Judge: Legal Action Cannot Target Someone Who Has Died

Judge Tsautse explained that legal proceedings cannot be initiated or continued against a person after their death.

“Once death occurs, the individual ceases to have a juristic existence, and legal proceedings may not be initiated or continued against them. Instead, any cause of action thereafter must be directed against the deceased estate, properly represented by an appointed executor.”

The court found that the bank’s claim was based on a default recorded in February 2024, after Botsane had already died. This meant she could not have breached any contract, and the missed payment was a direct consequence of her death, not non-compliance.

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“Any recovery of the asset or the outstanding balance must be sought through the procedures applicable to deceased estates,” the judge added.

Judge Tsautse concluded that the application was “legally incompetent and void”, striking the matter from the roll with no order as to costs, noting the bank had acted without knowledge of Botsane’s death.

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