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South Africa decisions
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Buechel v South African Securitisation Programmed (RF) Ltd and Others (A 107/2024) [2025] ZAWCHC 92 (26 February 2025)
Appeal against refusal of rescission failed. The majority held the appellant did not plead a bona fide fraud or penalties defence with sufficient primary facts.
Freeman v Shackleton Credit Management Pty Limited (2021/41892) [2024] ZAGPJHC 763 (2 August 2024)
The High Court rescinded a default judgment because the creditor sought the full loan balance without pleading an acceleration clause or proving it was due.
68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022) [2024] ZASCA 48 (15 April 2024)
The SCA refused special leave to appeal, holding that enforcement of a loan acceleration clause for non-payment of municipal charges was not contrary to public policy.
King Price Insurance Company Limited v Integritas Risk Solutions (Pty) Ltd (037834/2022) [2024] ZAGPPHC 274 (25 March 2024)
The High Court dismissed a summary judgment application, finding the defendant disclosed a bona fide defence to claims under a repayment agreement.
Firstrand Bank Limited v Petezake (2023-022639) [2024] ZAGPJHC 166 (26 February 2024)
The High Court granted judgment against a surety after a loan was called up and ordered the principal debtor company into final winding-up for commercial insolvency.
Standard Bank of South Africa Limited v Friedman (21244/2023) [2024] ZAWCHC 49; 2024 (3) SA 171 (WCC) (20 February 2024)
The court granted Standard Bank judgment against Friedman under a principal guarantee, holding that acceleration and cancellation could be exercised simultaneously.
Buechel v South African Securitisation Programme (RF) Limited and Others (3450/2022) [2023] ZAWCHC 323 (5 December 2023)
Rescission of a default judgment was refused. The court held the applicant was not in wilful default, but she lacked a bona fide defence.
Buechel v South African Securitisation Programme (RF) Limited and Others (3450/2022) [2023] ZAWCHC 335 (5 December 2023)
The court dismissed a rescission application, finding no wilful default but holding that the applicant had no bona fide defence to default judgment.
Barclay and Another v Standard Bank of South Africa Limited (Leave to Appeal) (65703/2020) [2023] ZAGPPHC 1918 (13 November 2023)
The High Court granted condonation and leave to appeal against a summary judgment order, finding arguable prospects on the acceleration-clause issue.
Tlhabanyane v Standard Bank of South Africa Limited (92483/19) [2023] ZAGPJHC 1489 (16 October 2023)
The applicant failed to provide a full and reasonable explanation for the 18-month delay in filing his plea, with none of the four explanations covering the entire period or aligning with the chronology of events. The applicant did not demonstrate bona fides or a bona fide defence, as his defences were either unfounded or dilatory. The right of access to courts under section 34 of the Constitution was not violated by the application of Rule 27, as the applicant did not challenge the constitutionality of the rule or develop the argument. The court, exercising its discretion under Rule 27, foun…
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