South Africa Case Law

SB Guarantee Company (RF) Proprietary Limited v Tayob (2023-114200)

SB Guarantee Company (RF) Proprietary Limited v Tayob (2023-114200) [2025] ZAGPPHC 596 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-114200

Judge

Bam

The court found that the particulars of claim, when read as a whole and including the annexed home loan agreement, sufficiently allege that the bank is a registered credit provider. The plaintiff's claim is based on the indemnity agreement, which is not a credit agreement under the National Credit Act and does not require the plaintiff to be registered as a credit provider. The defendant's exception, premised on the alleged failure to plead registration, is not well founded. The authorities relied upon by the defendant are distinguishable, as they concern situations where the plaintiff was re…

Source excerpt

• National Credit Act
• Exception Procedure
• Indemnity Agreement
• Mortgage Bond
• Credit Provider Registration

Du Plessis and Another v Cabral (098558/2023)

Du Plessis and Another v Cabral (098558/2023) [2025] ZAGPJHC 167 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

098558/2023

Judge

ML Senyatsi

A High Court held that a signed indemnity covered inquiry-related legal costs in an insolvent estate and ordered the respondent to pay.

• Insolvency Act Section 73
• Indemnity Agreement
• Trustee Authority
• Costs Of Inquiry
• Creditor Consent
• Insolvency-act-section-73

Peak Star 133 (Pty) Ltd ta Dolphin Construction v Raubex Construction (Pty) Ltd and Others (13787/2015)

Peak Star 133 (Pty) Ltd ta Dolphin Construction v Raubex Construction (Pty) Ltd and Others (13787/2015) [2025] ZAGPJHC 115 (10 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

13787/2015

Judge

EF Dippenaar

The High Court dismissed Dolphin’s rescission application, holding it lacked jurisdiction to interfere with a matter finally determined by appellate courts.

• Rescission Of Judgment
• Non Joinder
• Retention Money Guarantee
• Jurisdiction Of High Court
• Indemnity Agreement
• Rescission-of-judgment

Leshika v SB Guarantee Company (RF) Proprietary Limited (2023-037065)

Leshika v SB Guarantee Company (RF) Proprietary Limited (2023-037065) [2024] ZAGPJHC 1030 (10 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-037065

Judge

S. Van Aswegen

The court held that the indemnity agreement between the Applicant and Respondent is not a credit agreement as contemplated by section 8 of the National Credit Act. The Respondent is not a credit provider and is not subject to the obligations imposed by the NCA, including the requirement to conduct an affordability assessment. The defence of reckless lending is only available against a credit provider, which in this case is Standard Bank, not the Respondent. The Applicant failed to demonstrate that the indemnity agreement falls within any category of credit agreement under the NCA. The authori…

Source excerpt

• National Credit Act
• Reckless Lending
• Indemnity Agreement
• Mortgage Bond
• Affordability Assessment

SB Guarantee Company (RF) Proprietary Limited v Leshika (037065/2023)

SB Guarantee Company (RF) Proprietary Limited v Leshika (037065/2023) [2024] ZAGPJHC 462 (15 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

037065/2023

Judge

S van Aswegen

The respondent's defence of reckless lending fails because the applicant's claim is based on enforcement of an indemnity agreement, not the underlying loan agreement. The respondent provided documentation and confirmation of income, and the affordability assessment was conducted based on her disclosures. The respondent, an educated professional, failed to provide sufficient detail regarding her financial position or negotiations at the time of the loan. The indemnity agreement remains enforceable regardless of any alleged invalidity of the loan. The right to adequate housing under section 26…

Source excerpt

• Mortgage Bond Enforcement
• Indemnity Agreement
• Reckless Lending
• National Credit Act
• Adequate Housing
• Rule 46a Execution

SB Guarantee Company (RF) Pty Limited v Hadien (10141/2020)

SB Guarantee Company (RF) Pty Limited v Hadien (10141/2020) [2024] ZAGPPHC 360 (9 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

10141/2020

Judge

SM Maritz

Summary judgment was granted enforcing a mortgage-backed indemnity debt, finding the respondent had not raised a bona fide defence to defeat execution.

• Summary Judgment
• Mortgage Bond Enforcement
• Reckless Credit Lending
• National Credit Act
• Indemnity Agreement
• Summary-judgment

SB Guarantee Co (RF) (Pty) Ltd v Malope (3607/2020)

SB Guarantee Co (RF) (Pty) Ltd v Malope (3607/2020) [2023] ZAGPJHC 888 (8 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

3607/2020

Judge

Adams

The High Court dismissed a Rule 35(14) application to compel further discovery, finding the requested proof of payments was not relevant for pleading.

• Discovery Procedure
• Rule 35 14
• Pleading Requirements
• Indemnity Agreement
• Civil-procedure
• Discovery

Quatra M Investments (Pty) Ltd v Eskom Holdings SOC LTD (5561/2020)

Quatra M Investments (Pty) Ltd v Eskom Holdings SOC LTD (5561/2020) [2023] ZAGPJHC 813 (21 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

5561/2020

Judge

H Van Eeden

The court held that the plaintiff's proposed amendment seeks to introduce an alternative claim based on the agreement reached at the time of settlement with subcontractors, which is substantially similar to the original claim based on indemnity. Since the summons was issued within the prescription period and the claim is based on the same facts, prescription does not apply. The defendant's objection on the ground of prescription is therefore unfounded. The plaintiff is entitled to leave to amend its particulars of claim as set out in its notice in terms of rule 28.

Source excerpt

• Amendment Of Pleadings
• Prescription
• Indemnity Agreement

SB Guarantee Company (RF) Proprietary Limited v Pule and Another (62497/2020)

SB Guarantee Company (RF) Proprietary Limited v Pule and Another (62497/2020) [2021] ZAGPPHC 619 (17 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

62497/2020

Judge

C B Bhoola

High Court refused summary judgment in a bond-enforcement matter, finding triable issues about alleged repayment arrangements and receipt of section 129 notices.

• Summary Judgment
• Mortgage Bond Enforcement
• National Credit Act Compliance
• Primary Residence Executability
• Indemnity Agreement
• Notice Requirements

Changing Tides 17 Limited NO v Mweli and Another (2017/23508)

Changing Tides 17 Limited NO v Mweli and Another (2017/23508) [2017] ZAGPJHC 337 (10 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2017/23508

Judge

L Adams

Summary judgment was granted on an indemnity debt, and the defendants’ immovable property was declared specially executable after their misrepresentation defence failed.

• Summary Judgment
• Mortgage Bond Enforcement
• Fraudulent Misrepresentation
• Indemnity Agreement
• Primary Residence Executability
• Summary-judgment