South Africa Case Law

Standard Bank of South Africa Ltd v Peens and Others (136/2003)

Standard Bank of South Africa Ltd v Peens and Others (136/2003) [2004] ZASCA 87; [2006] 3 All SA 427 (SCA); 2005 (1) SA 315 (SCA) (29 September 2004)

Court

Supreme Court of Appeal

Case number

136/2003

Judges

Harms JA, Cameron JA, Conradie JA, Heher JA, Comrie AJA

The Supreme Court of Appeal held that the appellant bank was entitled to reinstate the original debits to the Peens companies' accounts after its attempted late dishonour of fraudulent cheques was rendered ineffective by the clearing house rules. The subsequent agreement with ABSA did not create new debts post-liquidation but merely restored the accounts to their pre-dishonour state, reflecting the fraudulent transactions as originally processed. Since the customers never countermanded payment, and the bank's mandate to honour the cheques was not revoked prior to liquidation, the sureties rem…

Source excerpt

• Cheque Fraud
• Clearing House Rules
• Suretyship Liability
• Dishonour Of Cheques
• Liquidation Effects

S v van Eck (636/02)

S v van Eck (636/02) [2003] ZASCA 92; 2003 (2) SACR 563 (SCA) (23 September 2003)

Court

Supreme Court of Appeal

Case number

636/02

Judges

Scott, Heher, Mlambo

The Supreme Court of Appeal upheld an habitual criminal declaration for a repeat offender convicted of theft and cheque fraud, and dismissed the appeal.

• Habitual Criminal Declaration
• Sentencing Discretion
• Cheque Fraud
• Theft
• Criminal Procedure Act Section 286
• Habitual-criminal-declaration

Absa Bank Ltd. v Standard Bank of SA Ltd. (578/95)

Absa Bank Ltd. v Standard Bank of SA Ltd. (578/95) [1997] ZASCA 71; 1998 (1) SA 242 (SCA); [1997] 4 All SA 673 (A); (14 September 1997)

Court

Supreme Court of Appeal

Case number

578/95

Judges

HJO van Heerden, Mahomed, Eksteen, Nienaber, van Coller

The Supreme Court of Appeal held that Absa was enriched by payment on a forged cheque because the provisional credit to Horn’s overdraft never became final.

• Unjust Enrichment
• Banking Liability
• Cheque Fraud
• Agency Relationship
• Unjust-enrichment
• Banking-law