The liquidators of a company failed in a claim for a sum of money and interest thereon against the executor of the deceased’s estate arising from an alleged loan by the company to the deceased (who was a former director of the company) because there was no proof that the deceased agreed to be bound
The bank brought a claim against the respondent based on a guarantee signed by him wherein he irrevocably and unconditionally guaranteed to pay any amount owing by the close corporation (the debtor) as if he was the principal debtor.
The respondent disputed the sum claimed by the bank in the certificate of balance alleging that
On 13 August 2025, the High Court held that the acknowledgement of debt under consideration was a credit agreement under the National Credit Act due to the deferral of the payment to a future date and interest charged on all overdue amounts until final payment. The court dismissed an application for payment of the debt
On 29 April 2025, the National Energy Regulator of South Africa (NERSA) granted approval to the National Transmission Company South Africa (NTCSA) to classify congestion curtailment as a constrained generation ancillary service. NERSA indicated that its decision “represents a significant step toward unlocking grid connection capacity and enhancing energy availability in areas with high
Introduction
The adoption of cloud computing and the transfer of data across borders is increasing, but it does introduce important risks. Recent guidance from the Prudential Authority (PA) and the Financial Sector Conduct Authority (FSCA) highlights the need for strong governance, risk management, and compliance in these areas. As regulation develops, it is important for
This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In July 2025, the Supreme Court of Appeal dismissed an appeal concerning a payment made to a creditor pursuant to a sale of business agreement after the liquidation of the seller. The judgment reinforces the centrality of the concursus creditorum in South African insolvency law, (which
This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In July 2025, the high court again confirmed the well-established principle that demand guarantees are independent of the underlying contract. A guarantor must pay upon receipt of a valid demand, even if disputes exist between the parties to the underlying agreement. This obligation can only be
This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In May 2025, the high court confirmed a lender’s right to enforce a pledge and cession agreement over a member’s interest in a close corporation (the debtor), despite the debtor having entered business rescue.
The lender had advanced two loans to the debtor. To secure the
The regulatory exemption that allows banks to provide financial services to financially sophisticated and high-wealth corporate clients—commonly referred to as the “Merchant Banking Exemption”—has been extended once again. FAIS Notice 57 of 2025 now extends this exemption until 27 February 2026.
In addition to the extension for banks, the Exemption Notice also extends specific exemptions
This blog is co-authored by Anathi Xaba, a candidate attorney.
On 18 June 2025, the Financial Services Tribunal granted three applications for reconsideration and set aside the debarments issued by the financial services provider because the conduct relating to the debarments only became known to the financial services provider after the applicants ceased to act