This blog was co-authored by Adriaan Lourens, a Candidate Attorney.
In a May 2025 High Court judgment, the court held that, in the absence of a contractual provision expressly requiring written termination, an oral termination of a suretyship agreement is legally valid. This judgment provides useful guidance on the distinction between the formation and cancellation
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
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, candidate attorney at Norton Rose Fulbright South Africa
In August 2024, the High Court held that a bank was entitled to enforce the suretyship and mortgage bond granted in its favour, for purposes of an enrichment claim which arose in connection with a void and unenforceable loan agreement.
The respondent in Airports Company SA Limited v Masiphuze Trading (Pty) Ltd was unsuccessful in relying on the defence of justifiable error in trying to avoid being bound by a suretyship agreement that he signed but did not read.
The respondent entered into a suretyship for a lease debt in respect of premises at the
A performance guarantee relating to a building contract included language stating that it was issued for the ‘due fulfilment’ by a sub-contractor of its obligations. The guarantee also stated that the amount was payable on receipt of a written demand made by the main contractor ‘if (in your opinion and at your sole discretion) the