South Africa Case Law

Riskowitz Value Fund LP and Another v Mohamed Holdings (Pty) Ltd and Another (2023/013086)

Riskowitz Value Fund LP and Another v Mohamed Holdings (Pty) Ltd and Another (2023/013086) [2025] ZAGPJHC 483 (17 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/013086

Judge

De Oliveira

The High Court enforced a demand guarantee arising from settlement agreements and granted judgment for the applicants against the first respondent, with interest and punitive costs.

• Demand Guarantee
• Settlement Agreement
• Contractual Liability
• Guarantee Enforcement
• Demand-guarantees
• Settlement-agreements

Emerald Capital Proprietary Limited v Pather (120770/2023)

Emerald Capital Proprietary Limited v Pather (120770/2023) [2024] ZAGPJHC 773 (19 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

120770/2023

Judge

TP Mudau

The High Court enforced a guarantor’s liability for trade-finance debt, finding that a later repayment plan did not excuse default or make the claim premature.

• Guarantee Enforcement
• Certificate Of Balance
• Event Of Default
• Repayment Plan
• Summary Judgment
• Guarantee-enforcement

Apis Growth 8 BEE South Africa Proprietary Limited, Apis Growth 8 Limited v SPE Mid-Market Fund I General Partner Proprietary Limited (2023/068926)

Apis Growth 8 BEE South Africa Proprietary Limited, Apis Growth 8 Limited v SPE Mid-Market Fund I General Partner Proprietary Limited (2023/068926) [2024] ZAGPJHC 347 (3 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/068926

Judge

CDA Loxton

The High Court held that a ceded guarantee claim was enforceable against the respondent, rejected an exchange-control defence, and awarded the balance plus interest and costs.

• Guarantee Enforcement
• Contractual Interpretation
• Cession Of Rights
• Exchange Control Regulations
• Interest Award
• Costs On Attorney And Own Client Scale

Standard Bank of South Africa Limited v Mogapi and Others (23784/2021)

Standard Bank of South Africa Limited v Mogapi and Others (23784/2021) [2024] ZAGPJHC 133 (15 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23784/2021

Judge

B C Wanless

The court found that the respondents failed to establish any breach of legal duty by the applicant or any factual basis for the alleged assurances that the guarantees would not be enforced. The documentary evidence consistently supported the applicant's version that the guarantees were operative and enforceable. The court held that public policy, as interpreted by the Constitutional Court, does not permit refusal to enforce contractual terms unless their enforcement is so unfair, unreasonable, or unjust as to be contrary to public policy, which was not shown in this case. The respondents did…

Source excerpt

• Guarantee Enforcement
• Public Policy Defence
• Ubuntu In Contract
• Broad Based Black Economic Empowerment
• Release Of Guarantor
• Prejudice Defence

Dolberg Asset Finance Ltd v Dolberg South Africa (Pty) Ltd (2020/25831)

Dolberg Asset Finance Ltd v Dolberg South Africa (Pty) Ltd (2020/25831) [2021] ZAGPPHC 610 (20 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

2020/25831

Judge

van der Westhuizen

The High Court dismissed an application to enforce a guarantee because SARB approval, a suspensive condition, was refused and the respondent had applied for it.

• Guarantee Enforcement
• Exchange Control
• Suspensive Condition
• Fictional Fulfilment
• Locus Standi
• Guarantee-enforcement

Grindrod Bank Limited v Craig Sutherland Steel (3999/2020p)

Grindrod Bank Limited v Craig Sutherland Steel (3999/2020p) [2021] ZAKZPHC 41 (9 July 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3999/2020p

Judge

Chili

The court found that the respondent's denial of the amount owed was unsupported and contradicted by his own admission in the answering affidavit. The respondent's defence that he did not read the guarantee before signing was rejected as false and untenable, given his business experience and active participation in negotiations. No evidence was presented to support the claim that the guarantee was only to be enforceable upon Willmeg's liquidation. The respondent failed to provide confirmatory affidavits or identify witnesses to corroborate his version. The court held that no genuine dispute of…

Source excerpt

• Guarantee Enforcement
• Summary Judgment
• Stay Of Proceedings
• Rectification Of Contract
• Disputes Of Fact

Standard Bank of South Africa Limited v Gounden and Another (19577/2019)

Standard Bank of South Africa Limited v Gounden and Another (19577/2019) [2020] ZAWCHC 136 (28 October 2020)

Court

Western Cape High Court, Cape Town

Case number

19577/2019

Judge

J I Cloete

The High Court referred a bank’s claim on surety guarantees to trial after finding serious factual disputes about alleged prejudicial conduct and public policy.

• Suretyship
• Guarantee Enforcement
• Public Policy Defence
• Motion To Trial Referral
• Prejudice In Suretyship
• Contractual Fairness

Investec Import Solutions (Pty) Ltd v Northend Showroom CC t/a Branded (22968/2018; 23559/2018; 25001/2018; 28506/2018; 28507/2018; 30330/2018)

Investec Import Solutions (Pty) Ltd v Northend Showroom CC t/a Branded (22968/2018; 23559/2018; 25001/2018; 28506/2018; 28507/2018; 30330/2018) [2019] ZAGPJHC 561 (20 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

22968/2018; 23559/2018; 25001/2018; 28506/2018; 28507/2018; 30330/2018

Judges

Moshidi, Windell

The court upheld Investec’s security enforcement, enforced Mr Doola’s guarantee, dismissed Northend and Rihsaan’s challenges, and provisionally liquidated Northend.

• Notarial Bond Perfection
• Guarantee Enforcement
• Provisional Liquidation
• Urgent Application
• Certificate Of Balance
• Locus Standi

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited Blue Financial Services and Another (20442/2014)

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited Blue Financial Services and Another (20442/2014) [2018] ZAGPPHC 824 (31 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

20442/2014

Judge

Makume

The court held that the respondents breached a debt rescheduling agreement by failing to pay interest and by not delivering a distribution plan, entitling the bank to payment and security enforcement.

• Debt Rescheduling Agreement
• Certificate Of Indebtedness
• Cession Of Debts
• Guarantee Enforcement
• Interest Payment
• Non Joinder

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited and Another (20442/2014)

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited and Another (20442/2014) [2018] ZAGPJHC 583 (31 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

20442/2014

Judge

M A Makume

The High Court ordered payment of interest and access to security under a debt rescheduling agreement, and rejected a late affidavit alleging fraud.

• Debt Rescheduling Agreement
• Certificate Of Indebtedness
• Cession Of Debt
• Guarantee Enforcement
• Joinder Of Parties
• Interest On Debt