South Africa Case Law

Widside Investments CC v Mbayi and Others (D5570/2024)

Widside Investments CC v Mbayi and Others (D5570/2024) [2024] ZAKZDHC 97 (29 October 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D5570/2024

Judge

Gwagwa AJ

The court found that the sale agreement was invalid as the purchaser's electronic signature did not comply with section 2(1) of the Alienation of Land Act and section 4(4) of the Electronic Communications and Transactions Act, which expressly excludes electronic signatures for agreements of sale of immovable property. The applicant had validly cancelled the agreement due to the purchaser's non-compliance with material terms and communicated such cancellation through correspondence. The first respondent did not oppose the application, and the second respondent's opposition was without mandate.…

Source excerpt

• Alienation Of Land Act
• Electronic Signatures
• Contract Cancellation
• Interdict
• Deeds Registration

LexisNexis South Africa (Pty) Ltd v Minister of Justice and Correctional Services (2023-010096)

LexisNexis South Africa (Pty) Ltd v Minister of Justice and Correctional Services (2023-010096) [2024] ZAGPPHC 446; 2025 (2) SACR 36 (GP) (29 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-010096

Judge

Swanepoel

The court held that the phrase 'in the presence of' in Regulation 3 of the Regulations Governing the Administering of an Oath or Affirmation must be interpreted according to its ordinary grammatical meaning, which requires physical proximity between the deponent and the commissioner of oaths. The applicant's argument that the objectives of the Act and Regulations can be achieved by virtual means was found to be insufficient to override the clear wording of the Regulation. The court distinguished previous cases where affidavits commissioned virtually were admitted on the basis of substantial c…

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• Commissioner Of Oaths
• Remote Commissioning
• Interpretation Of Statutes
• Substantial Compliance
• Electronic Signatures

Selma Daude Da Cunha (Pty) Ltd v First Rand Bank Ltd t/a Wesbank (1562/2022)

Selma Daude Da Cunha (Pty) Ltd v First Rand Bank Ltd t/a Wesbank (1562/2022) [2023] ZAMPMHC 35 (17 October 2023)

Court

Middelburg High Court, Mpumalanga

Case number

1562/2022

Judge

MBG Langa

The High Court dismissed a rescission application, finding the company failed to prove authority to act and did not show good cause or a bona fide defence.

• Rescission Of Judgment
• Default Judgment
• Authority To Act
• Electronic Signatures
• National Credit Act
• Rescission-of-judgment

Firstrand Bank Limited v Briedenhann (3690/2021)

Firstrand Bank Limited v Briedenhann (3690/2021) [2022] ZAECQBHC 6; 2022 (5) SA 215 (ECGq) (5 May 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

3690/2021

Judge

G.G. Goosen

The court held that Regulation 3(1) of the Regulations Governing Administration of Oaths requires the deponent to sign the declaration in the physical presence of the commissioner of oaths. Virtual presence via video conference does not satisfy this requirement. However, the regulations are directory and not peremptory, and substantial compliance may suffice if the purpose of the regulation is met. In this case, the affidavits were commissioned and signed electronically via a secure digital platform, with the oath administered by video conference. The court found that the affidavits met the s…

Source excerpt

• Default Judgment
• Mortgage Bond Enforcement
• Electronic Signatures
• Administration Of Oaths
• Substantial Compliance
• National Credit Act