ABSENCE OF SPOUSE’S CONSENT FOR BANK LOAN: WHAT NOW?

This judgment is a reminder that if someone seeks to apply for a loan, ticks a box in the application form stating “unmarried” and signs an affidavit to that effect, he cannot cry foul afterwards because his spouse’s consent was not obtained as required in terms of the law.

The lending bank in this judgment showed that it performed its own internal checks and that there was no information to indicate that the borrower was married. The borrower’s claim that the loan was invalid, was accordingly rejected.