South Africa Case Law

Firstrand Bank Limited v Ayob and Another (045157/2023)

Firstrand Bank Limited v Ayob and Another (045157/2023) [2025] ZAGPPHC 350 (15 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

045157/2023

Judge

Baqwa

The court found that the suretyships were executed in manuscript during a virtual meeting, as evidenced by video footage and corroborated by the applicant's representative. The respondents' claims of electronic execution and forgery were contradicted by their earlier admissions and the memorandum of agreement acknowledging their indebtedness. The video footage and email copies of the suretyships were admissible under section 15 of the Electronic Communications and Transactions Act, and the respondents retained the originals. The respondents' defences were rejected as unsustainable and deceitf…

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• Suretyship
• Electronic Signature
• Admissibility Of Video Evidence
• Contract Enforcement
• General Law Amendment Act
• Electronic Communications And Transactions Act

FirstRand Bank Limited t/a Wesbank v Govendor (2021/ 25131)

FirstRand Bank Limited t/a Wesbank v Govendor (2021/ 25131) [2023] ZAGPJHC 610 (1 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/25131

Judge

E Molahehi

High Court found a valid electronic credit agreement, admitted a call-centre recording under RICA, and ordered return of the financed BMW.

• Credit Agreements
• Electronic Contracts
• Breach Of Contract
• Damages
• National Credit Act Compliance
• Electronic Communications And Transactions Act

Khumalo v Absa Bank Limited (5141/2021)

Khumalo v Absa Bank Limited (5141/2021) [2022] ZAGPPHC 238 (14 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

5141/2021

Judge

Selby Baqwa

The court found that the respondent's grounds for leave to appeal were irregular, as they were not raised in an answering affidavit and were not before the unopposed motion court. The interlocutory order granted had no final effect, as the main action was still pending, and thus was not appealable. The respondent had admitted the instalment sale agreement in his plea, making further evidence unnecessary. Absa had produced the best available evidence under the Electronic Communications and Transactions Act, and ownership of the vehicle was not in dispute. The court was not persuaded that reaso…

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• Leave To Appeal
• Instalment Sale Agreement
• Electronic Communications And Transactions Act
• Prima Facie Right
• Interlocutory Order

Multipoint Logistics CC and Another v Firstrand Bank Ltd t/a Nissan Finance (24520/2018)

Multipoint Logistics CC and Another v Firstrand Bank Ltd t/a Nissan Finance (24520/2018) [2020] ZAGPJHC 338 (24 August 2020)

Court

South Gauteng High Court, Johannesburg

Case number

24520/2018

Judge

V Ngalwana

Leave to appeal against summary judgment was refused. The court held the applicants showed no reasonable prospects of success and no compelling reason to hear the appeal.

• Summary Judgment
• Suretyship
• Electronic Communications And Transactions Act
• National Credit Act
• Leave To Appeal
• Leave-to-appeal

Nedbank Limited v Ebrahim (28228/2019)

Nedbank Limited v Ebrahim (28228/2019) [2020] ZAGPPHC 460 (7 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

28228/2019

Judge

J Holland-Muter

Leave to appeal was dismissed because the applicant showed no reasonable prospect of success on Section 129, ECTA, or certificate-of-balance grounds.

• Leave To Appeal
• Section 129 Notification
• National Credit Act
• Electronic Communications And Transactions Act
• Certificate Of Balance
• Leave-to-appeal

Salzmann v S (755/18)

Salzmann v S (755/18) [2019] ZASCA 145; [2020] 1 All SA 361 (SCA); 2020 (2) SACR 200 (SCA) (13 November 2019)

Court

Supreme Court of Appeal

Case number

755/18

Judges

LE Leach, FE Mokgohloa, M B Molemela, YT Mbatha, Saldulker, Molemela

The majority held that the Superior Courts Act governs the appeal regime for proceedings commenced after its enactment. The appellant's trial was pending when the Act came into force, but his subsequent appeal to the Supreme Court of Appeal was a fresh proceeding, not covered by the deeming provision in s 52(2). Therefore, only the Supreme Court of Appeal could grant special leave to appeal, and the high court lacked jurisdiction. On the merits, the evidence overwhelmingly implicated the appellant in the cyber-attack on Cell C, given his access, technical knowledge, and the timing of the dial…

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• Special Leave To Appeal
• Electronic Communications And Transactions Act
• Unlawful Access To Computer Systems
• Sentencing Principles
• Delay In Criminal Proceedings

Msomi v S (39/2018)

Msomi v S (39/2018) [2019] ZAECGHC 80; 2020 (1) SACR 197 (ECG) (3 September 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

39/2018

Judges

J.E. Smith, S. Rugunanan

The High Court set aside irregular sentences and reduced the appellant’s sentences after finding substantial and compelling circumstances, despite his central role in cyber-enabled fraud.

• Fraud
• Electronic Communications And Transactions Act
• Prevention Of Organised Crime Act
• Sentencing Irregularity
• Cybercrime
• Minimum Sentences Legislation

Firstrand Bank Ltd t/a Nissan Finance v Multipoint Logistics CC and Another (24520/2018)

Firstrand Bank Ltd t/a Nissan Finance v Multipoint Logistics CC and Another (24520/2018) [2019] ZAGPJHC 107 (28 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

24520/2018

Judge

Ngalwana

The High Court granted summary judgment to Firstrand Bank and ordered return of a financed vehicle, rejecting technical defences based on the NCA, ECTA and suretyship validity.

• Summary Judgment
• Instalment Sale Agreement
• Suretyship
• National Credit Act
• Electronic Communications And Transactions Act
• Summary-judgment

Myeni v S (CA&R17/2018)

Myeni v S (CA&R17/2018) [2018] ZAECGHC 107; 2019 (1) SACR 360 (ECG) (1 November 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R17/2018

Judges

G H Bloem, N P Jaji

Appeal against convictions and sentence for data-related fraud, theft and organised crime charges dismissed.

• Fraud
• Unauthorised Access To Data
• Electronic Communications And Transactions Act
• Prevention Of Organised Crime Act
• Admissibility Of Evidence
• Sentencing Guidelines

Firstrand Bank Limited t/a Futurefin Finance, A division of Wesbank v Class A Trading (Pty) Ltd and Another (12837/2010)

Firstrand Bank Limited t/a Futurefin Finance, A division of Wesbank v Class A Trading (Pty) Ltd and Another (12837/2010) [2018] ZAGPJHC 135 (26 April 2018)

Court

South Gauteng High Court, Johannesburg

Case number

12837/2010

Judge

Keightley

The bank failed to prove that the unsigned terms and conditions, including the certificate of balance clause, formed part of the instalment sale agreement and bound Mr Prokas as surety. The suretyship agreement did not expressly incorporate the certificate of balance clause, and binding authority holds that such clauses cannot be invoked against a surety unless expressly included. The statement of account produced by the bank was not shown to be computer-generated data; rather, it was dependent on manual input and lacked supporting documentary evidence. The bank did not lead evidence from any…

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• Suretyship Liability
• Certificate Of Balance
• Hearsay Evidence
• Electronic Communications And Transactions Act
• Contractual Damages