Sequeira v Standard Bank of South Africa Ltd and Others (45914/2021) [2023] ZAGPJHC 1272 (27 October 2023)
Court
South Gauteng High Court, Johannesburg
Case number
45914/2021
Judge
Carrim
The court granted a spouse leave to intervene in a bank’s enforcement proceedings, finding she had a direct financial interest arising from marriage in community of property.
Vaal Reefs Exploration and Mining Company v Burger (264/97) [1999] ZASCA 67; [1999] 4 All SA 253 (A) (21 September 1999)
Court
Supreme Court of Appeal
Case number
264/97
Judges
Van Heerden, Grosskopf, Harms, Marais, Streicher
The Supreme Court of Appeal held that the respondent, as curatrix of her husband, was empowered by the court order to cede the fixed deposit and bind the joint estate as surety for the contractor's obligations. The statutory requirement for written consent under section 15 of the Matrimonial Property Act did not apply in this exceptional case, as the respondent's authority derived from the curatorship order, not from her status as spouse. The court found that the cession and suretyship were valid and binding on the joint estate, as the respondent had the requisite authority to act. The court…