Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025) [2025] ZANCHC 60 (1 August 2025)
The High Court held that a will emailed with electronic signatures could be accepted under section 2(3) of the Wills Act because the deceased’s intention was clear.
Firstrand Bank Limited t/a Wesbank v Mpungose (52965/2018) [2025] ZAGPPHC 594 (4 June 2025)
The High Court granted absolution from the instance in a bank’s claim over a repossessed Jaguar, finding insufficient proof of a valid electronic agreement.
Genfin (Pty) Ltd v Milne and Another (2023/114416) [2025] ZAGPJHC 419 (22 April 2025)
The High Court granted provisional sequestration of the respondents’ joint estate, finding acts of insolvency and that sequestration would benefit creditors.
Firstrand Bank Limited v Ayob and Another (045157/2023) [2025] ZAGPPHC 350 (15 April 2025)
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…
Source excerpt
Momentum Metropolitan Life Limited v Lavender Hill Trading 544 CC and Another (19204/23) [2025] ZAWCHC 99 (11 March 2025)
The second respondent admitted in her plea to having bound herself as surety and co-principal debtor in favour of the applicant, and the Deed of Suretyship was embodied in a written document signed by her, albeit electronically. The defence based on the validity of the electronic signature was not pleaded and is bad in law, as the second respondent's admission negates any substantive dispute regarding the suretyship. The Massbuild case is distinguishable, as there the surety denied signing, whereas here the second respondent admitted to signing. The abandonment of all pleaded defences means t…
Source excerpt
Glacier Financial Solutions Pty Ltd v Motanyane and Others (2022/036777) [2024] ZAGPJHC 1325 (23 October 2024)
High Court interpleader over living annuity death benefits. The court accepted Nonhlanhla’s claim, rejected those of Palesa and Pheteho, and awarded costs against them.
VJS v SH (19578/2024) [2024] ZAWCHC 333 (22 October 2024)
The High Court terminated the applicant’s parental rights after DNA tests excluded him as the child’s biological father and accepted a remotely commissioned affidavit.
Firstrand Bank ta Wesbank v McCallum (2020/5463) [2024] ZAGPJHC 1004 (7 October 2024)
The High Court dismissed a summary judgment application after finding the defendant had raised bona fide defences, including challenges to signature validity and resale price.
Standard Bank of South Africa Ltd v Wardkiss Property Holdings (Pty) Ltd (9324/22) [2023] ZAKZPHC 153 (19 December 2023)
The court found that the document executed by the respondent is a principal and independent guarantee, not a suretyship. This conclusion was reached by analysing the language of the guarantee, which expressly states it is not an ancillary obligation and is effective regardless of the validity or enforceability of the underlying debts. The context and purpose, as evidenced by the email correspondence and the applicant's requirement for collateral, further support this interpretation. The guarantee does not contain a provision making the respondent's liability contingent upon Wardkiss's default…
Source excerpt
Merchant Capital v Cerimaj (2020/41514) [2023] ZAGPJHC 1324 (17 November 2023)
High Court dismissed a motion for money judgment after finding a genuine dispute whether the first respondent signed the suretyship and that the electronic signature requirements were not met.
Explore more
