South Africa Case Law

Botes v Sandvik Mining RSA (Pty) Ltd (CA&R47/2019)

Botes v Sandvik Mining RSA (Pty) Ltd (CA&R47/2019) [2020] ZANCHC 29 (12 June 2020)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 47/2019

Judges

Mamosebo, Stanton

The court held that the deed of suretyship signed by the appellant was valid and enforceable, as it complied with section 6 of the General Law Amendment Act by embodying all terms in a written document signed by the surety. The court found that the document was not a joint suretyship requiring signatures from all directors, and the absence of other signatures did not invalidate the agreement. Written consent to the jurisdiction of the magistrate's court was established through clause 8 of the deed of suretyship and clause 15 of the credit application, both signed by the appellant. The court a…

Source excerpt

• Magistrates Court Jurisdiction
• Contract Of Suretyship
• Written Consent
• Credit Facility Agreement
• Section 6 General Law Amendment Act
• Turquand Rule

Land Agricultural Development Bank of South Africa v African Spirit Mauize Meal and Others (1930/2015)

Land Agricultural Development Bank of South Africa v African Spirit Mauize Meal and Others (1930/2015) [2018] ZAGPPHC 80 (16 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

1930/2015

Judge

H.J Fabricius

The court found that the suretyship agreement did not require both the Second and Third Defendants to sign for validity. The wording of the agreement referred to the surety in the singular and did not indicate that one signature was conditional upon the other. The reference to section 15(2)(a) of the Matrimonial Property Act was not applicable, as the Second Defendant signed in the ordinary course of business as director of the First Defendant. There was no evidence or pleading to bring the case within the ambit of the Ackermann decision, which would require both signatures for validity. The…

Source excerpt

• Suretyship
• Joint Debtors
• Community Of Property
• Interpretation Of Contract
• Section 6 General Law Amendment Act
• Section 15 Matrimonial Property Act

Incredible Sand (Pty) Limited v Bucon Development and Construction (Pty) Limited and Another (90421/2016)

Incredible Sand (Pty) Limited v Bucon Development and Construction (Pty) Limited and Another (90421/2016) [2017] ZAGPPHC 430 (2 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

90421/2016

Judge

Kooverjie

The court considered whether a suretyship lacking the debtor’s name could be read with an acknowledged debt it referenced. It held the matter should proceed and refused provisional sentence.

• Suretyship Agreement
• Acknowledgement Of Debt
• Incorporation By Reference
• Extrinsic Evidence
• Section 6 General Law Amendment Act
• Suretyship-agreement

BMW Financial Services (SA) (Pty) Ltd v Welling (6/2002)

BMW Financial Services (SA) (Pty) Ltd v Welling (6/2002) [2002] ZAFSHC 9 (22 August 2002)

Court

Free State High Court, Bloemfontein

Case number

6/2002

Judges

Cillié R, Van Coller

Appeal against absolution from the instance upheld in a suretyship dispute. The High Court held the appellant’s evidence could support a finding in its favour.

• Suretyship
• Burden Of Proof
• Absolution From The Instance
• Section 6 General Law Amendment Act
• Absolution-from-the-instance
• Burden-of-proof