The bank sued the defendant for cancellation of a credit agreement and return of the motor vehicle sold under that agreement. In October 2025 the High Court dismissed a defence raised by the consumer that the vehicle was defective for the purposes of the Consumer Protection Act. The court held that the bank did not
Banking
Regulatory Milestone: NERSA Approves NTCSA’s Congestion Curtailment Framework as an Ancillary Service
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…
High Court Dismisses Appeal in Homii Case: Section 45 Defence Rejected
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…
Merchant Banking Exemption Extended for Banks and Certain Financial Institutions
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…
What do you do with the contents of a safety deposit box 122 years later? (UK)
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…
Court admits video and scanned documents as evidence of signing formalities
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…
Force majeure events and supervening impossibility
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…
A bank’s duties where third parties’ money is in a customer’s account
In March 2021, the Supreme Court of Appeal (SCA) handed down judgment with two important findings regarding a bank’s obligations to a third party, namely:
- a bank is not entitled to set-off the customer’s debts to the bank against amounts reflecting to the credit of a customer, if the bank knows that a
…
A growing market for green finance
Climate change is no longer a future threat. The associated risks have already had a devastating impact on the financial sector.
Financial institutions are financially exposed to the physical risks associated with more frequent severe weather events, as well as the transition risks associated with the changes necessary to achieve a low-carbon economy. Mortgage, commercial…
Lloyd’s protected cell company approved to promote investment in members
In order to attract new forms of capital, Lloyd’s of London applied for and has had regulatory approval to set up a protected cell company known as London Bridge Risk.
The idea is to make it easier for investment in the Lloyd’s market with a more transparent and efficient capital management process. It provides access…