South Africa Case Law

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976)

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976) [2025] ZAGPJHC 641 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/029976

Judge

EF Dippenaar

The court found that the respondents' obligations under the guarantee and settlement agreement are independent and joint and several with those of Mr Dikhuba. The existence of a judgment against Mr Dikhuba does not release the respondents from liability, nor does it result in double recovery, as payment by any party absolves the others to the extent of payment. The settlement agreement did not novate the guarantee, and no apportionment of liability was agreed. The respondents failed to establish any factual or legal basis for their public policy defence, and their interpretation of the agreem…

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• Guarantee Liability
• Joint And Several Liability
• Settlement Agreement Enforcement
• Public Policy Contracts
• Pacta Sunt Servanda

Global Connect Trading (Pty) Ltd and Others v South African Securitisation Programme and Others (3198/2022)

Global Connect Trading (Pty) Ltd and Others v South African Securitisation Programme and Others (3198/2022) [2025] ZAFSHC 168 (12 June 2025)

Court

Free State High Court, Bloemfontein

Case number

3198/2022

Judges

Loubser, Chesiwe, Ntanga

The appeal was dismissed because the appellants failed to establish any bona fide defence or triable issue to resist summary judgment. The court found that the deponent to the summary judgment affidavit, as litigation manager with direct access to relevant records, satisfied the requirements of rule 32. The alleged illegibility of the rental agreement did not prevent the appellants from pleading fully, and thus did not constitute a valid defence. The purported cancellation of the agreement was not effected in accordance with the contractual terms and was invalid. The defence of force majeure…

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• Summary Judgment
• Rule 32 Uniform Rules
• Force Majeure
• Impossibility Of Performance
• Contract Termination
• Guarantee Liability

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927)

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927) [2025] ZAGPJHC 573 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/11927

Judge

Maier-Frawley

The court found that the defendants failed to raise any genuine triable issue to resist summary judgment. Jurisdiction was established as the agreements were accepted in Johannesburg. The second defendant is liable under the guarantees, which were unlimited and contained certificate clauses and renunciation of benefits. The impossibility of performance defence was rejected as it was not absolute or objective and contradicted by the timeline of deregistration and lockdown. The National Credit Act does not apply because ownership did not pass to the lessee and no interest or deferred payment wa…

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• Summary Judgment
• Guarantee Liability
• Certificate Of Indebtedness
• Jurisdiction
• National Credit Act
• Impossibility Of Performance

Industrial Corporation of South Africa v MARA Corporation and Others (2023/035089)

Industrial Corporation of South Africa v MARA Corporation and Others (2023/035089) [2025] ZAGPJHC 412 (3 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/035089

Judge

Nty Siwendu

The High Court refused defendants’ bid to amend a plea to add misrepresentation and rectification defences to a guarantee claim, finding the amendments vague and excipiable.

• Guarantee Liability
• Rectification Of Contract
• Oral Misrepresentation
• Parol Evidence Rule
• Pleading Amendment
• Exception And Excipiability

South African Securitisation Programme (Rf) (Pty) Ltd v Hakem Group (Pty) Ltd and Another (2023/009594)

South African Securitisation Programme (Rf) (Pty) Ltd v Hakem Group (Pty) Ltd and Another (2023/009594) [2025] ZAGPJHC 230 (6 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/009594

Judge

H A van der Merwe

The High Court granted the defendants leave to defend a summary judgment application, holding that a Consumer Protection Act defence deserved full ventilation at trial.

• Lease Agreement
• Consumer Protection Act
• Summary Judgment
• Guarantee Liability
• Unfair Contract Terms
• Summary-judgment

Buechel v South African Securitisation Programmed (RF) Ltd and Others (A 107/2024)

Buechel v South African Securitisation Programmed (RF) Ltd and Others (A 107/2024) [2025] ZAWCHC 92 (26 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A107/2024

Judges

C M Fortuin, L G Nuku, D S Kusevitsky

Appeal against refusal of rescission failed. The majority held the appellant did not plead a bona fide fraud or penalties defence with sufficient primary facts.

• Rescission Of Judgment
• Guarantee Liability
• Conventional Penalties Act
• Default Judgment
• Acceleration Clause
• Mitigation Of Loss

Bidvest Bank Ltd v Wellsted (2023/109082)

Bidvest Bank Ltd v Wellsted (2023/109082) [2025] ZAGPJHC 618 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/109082

Judge

ML Senyatsi

The court found that both guarantees executed by the respondent contain express terms stating that each is in addition to, and not in substitution for, any other security. The amendment letter increasing the facility and requiring a new guarantee did not expressly state that the R7 million guarantee replaced the R4 million guarantee. Clause 18.2 of both guarantees requires any variation or cancellation to be in writing and signed by both parties, which did not occur. The respondent's reliance on alleged oral representations and his subjective understanding is insufficient to override the clea…

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• Guarantee Liability
• Contract Interpretation
• Variation Of Contract
• Business Rescue

Martens v Sapor Rentals (Pty) Limited (2022/017041)

Martens v Sapor Rentals (Pty) Limited (2022/017041) [2025] ZAGPJHC 182 (24 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/017041

Judge

Allen

The High Court dismissed an application to rescind a default judgment, finding no satisfactory explanation for the delay, wilful default, or prima facie defence.

• Rescission Of Judgment
• Wilful Default
• Conventional Penalties Act
• Guarantee Liability
• Liquidated Damages
• Rescission-of-judgment

Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172)

Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172) [2025] ZAGPJHC 145 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/58172

Judge

GC Wright

The court found that the affidavit resisting summary judgment, deposed to by Mr Menong, set out a detailed and plausible defence. The circumstances described, including the signing of blank documents and the involvement of a third party (On Point), raised sufficient doubt regarding the applicants' claims and the enforceability of the guarantee and cession agreements. In light of this, the application for summary judgment could not succeed, and the defendants were granted leave to defend.

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• Summary Judgment
• Guarantee Liability
• Cession Of Debt
• Hire Agreement

Hollard Insurance Company Limited v Gaz Fuel (Pty) Ltd and Another (2020/41361)

Hollard Insurance Company Limited v Gaz Fuel (Pty) Ltd and Another (2020/41361) [2024] ZAGPJHC 1278 (10 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/41361

Judge

L.T. Modiba

The High Court granted judgment for the insurer on an indemnity and suretyship after payment under a guarantee, rejecting alleged oral variation, fraud, and negligence.

• Indemnity
• Suretyship
• Guarantee Liability
• Non Variation Clause
• Attorney And Client Costs
• Guarantee-liability