Co-authored by Brigitte Eloff, a candidate attorney.

In June 2025, the Pretoria high court dismissed an application to introduce new evidence relating to a claim for alleged non-compliance with section 45 of the Companies Act, 2008.

The judgment underscores the importance of raising all relevant defences and evidence at first instance, clarifies the limited circumstances

In February 2025 the High Court reaffirmed the rights of lenders in South Africa’s banking and finance landscape.  The judgment is significant for financial institutions as it reinforces the enforceability of lending contracts and the limits of debtor defences during economic disruptions such as COVID-19.

In this matter the Bank concluded a written overdraft facility