A bank sought the court’s assistance in resolving a novel problem, namely its possession in its London branch of 14 safety deposit boxes which it appeared to have held for between 44 and 122 years and, in relation to which, the bank was unable to trace, or communicate with, the owners or their successors in
The recent judgment in Standard Bank of South Africa v South African Reserve Bank and Others (047643/2023) [2025] ZAGPPHC 481 (15 May 2025) highlights the urgent need for legislative reform to address the treatment of cryptocurrencies within South Africa’s exchange control framework.
The case centred on funds held in bank accounts linked to Leo Cash
This blog is co-authored by Brigitte Eloff and William Hayne, candidate attorneys.
In April 2025, the Pretoria High Court admitted evidence regarding the transmission, interception and admissibility of data messages as evidence that suretyship agreements were properly signed.
The bank, as lender, sought a monetary judgment against the first and second respondents, as sureties. The
In April 2025, the High Court ruled in favour of a bank in a monetary claim against two sureties. The court rejected the deceitful defences raised by the sureties regarding signature of the suretyship and made useful findings regarding video and other evidence of the signing.
The debtor breached the terms of its facility and
This blog was co-authored by Anathi Xaba, a candidate attorney.
In February 2025, the Financial Services Tribunal upheld an FSP’s decision to debar its representative, finding that the lack of a written debarment policy of the FSP did not undermine the overall fairness of the process followed. Procedural fairness does not require strict adherence to
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
This blog was co-authored by Adrienne Hendricks, Trainee Associate and Adriaan Lourens, Candidate Attorney.
A company entered into a suretyship agreement with the respondent, who bound himself as surety to the company. The company claimed the outstanding sum plus interest from the surety.
The surety alleged that he did not recall having bound himself as
This blog was co-authored by Adrienne Hendricks, Trainee Associate and Adriaan Lourens, Candidate Attorney.
The Supreme Court of Appeal recently reaffirmed the principle that a contracting party exercising unilateral discretion must do so in good faith, with reasonable judgment, and without arbitrariness (the arbitrio boni viri principle).
A major retail franchisor and its franchisee entered
This blog post was co-authored by Neshalia Nayagar, Trainee Associate.
On 10 February 2025, the Supreme Court of Appeal dismissed an appeal by a lending bank. The appeal related to whether an acknowledgement of debt, incorporating a power of attorney (AOD/POA) that was concluded by the bank, with Mr Serfontein and Mr Serfontein senior, was
In a judgment delivered on 25 November 2024, the High Court of South Africa, Gauteng Local Division, Johannesburg declared a series of transactions involving Dimension Data Facilities (Pty) Ltd (Dimension Data Facilities) and Identity Property Co (Pty) Ltd (Identity PropCo) void and invalid. This case is poised to become a significant