Capitec Bank has won its appeal to repossess a Porsche 911 Carrera S from a Sandton clinic after a long-running dispute over the luxury vehicle.
The Supreme Court of Appeal handed down judgment in Capitec v Ubuntu Family Health Centre Grayston on 23 September 2026, overturning an earlier Gauteng High Court ruling.
Sowetan reports that Capitec financed R2.115 million of the Porsche’s R2.35 million purchase price.
Clinic fell behind on repayments
Under the instalment sale agreement, Ubuntu Family Health Centre Grayston was required to make 59 monthly payments of R31,638.68, followed by a final balloon payment of R634,500.
Capitec retained ownership of the vehicle until the agreement had been paid in full. By October 2023, Ubuntu was substantially in arrears, according to the High Court record.
Capitec sent a demand giving the clinic until 6 November 2023 to settle the arrears.
The bank later cancelled the agreement on 17 November 2023 after payment was not made. Sowetan reports that Ubuntu director Ridwaan Adams had paid R100,000 towards the arrears but refused to hand over the Porsche when Capitec representatives arrived at the clinic.
Business rescue complicated the case
Ubuntu later entered business rescue.
In February 2025, the Gauteng High Court dismissed Capitec’s repossession application after finding that the Companies Act’s business rescue moratorium prevented the bank from reclaiming the Porsche without consent from the business rescue practitioner or permission from the court.
The High Court later granted Capitec leave to appeal, saying the case raised an important legal question requiring clarification from the Supreme Court of Appeal.
Supreme Court overturns ruling
The Supreme Court of Appeal found that the finance agreement had been validly cancelled before business rescue began.
Sowetan reports that Judge Fayeeza Kathree-Setiloane found Ubuntu no longer had a lawful right to possess the Porsche once the agreement was cancelled.
The appeal court therefore ruled that the business rescue moratorium did not block Capitec from seeking the vehicle’s return.
Ubuntu was ordered to immediately deliver the 2020 Porsche 911 Carrera S Coupe to Capitec.
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