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Case law by topic

Judgments on suretyship

16 judgments on file that touch suretyship, newest first, each with the court's own file.

Handed downJudgmentCourt
5 Oct 2026 Habib Overseas Bank Limited (in liquidation) v Crestar Printers and Publishers (Pty) Ltd (in liquidation) and Others[2026] ZASCA 136 · Insolvency – suretyship – set-off raised as defence by sureties (banking customers) against an insolvent bank – delay in raising defence of... Supreme Court of Appeal
24 Jun 2026 The Profit Hub (Pty) Ltd v Zuwon Consultants (Pty) Ltd and Another[2026] ZASCA 88 · National Credit Act of 2005 (the Act) – application of the Act – credit facility – s 8(3)(a) of the Act – the distinction between a discount... Supreme Court of Appeal
11 Mar 2026 Bonatla Property Holdings v Ruitersvlei Holdings & Another[2026] ZASCA 26 · Company law – liquidation – locus standi to seek winding up – cession in securitatem debiti – applicant company having ceded its loan accoun... Supreme Court of Appeal
19 Dec 2025 Deon Smith and Others v Sasfin Bank and Another[2025] ZASCA 198 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration application – Uniform Rules of Court – refusal of application for resc... Supreme Court of Appeal
14 Oct 2025 Christoffel Jacobus Petrus Wolmarans N O and Others v The Standard Bank of South Africa Limited[2025] ZASCA 150 · National Credit Act of 2005 (the Act) – suretyship granted in respect of credit agreement to which Act applies – settlement agreements concl... Supreme Court of Appeal
1 Aug 2025 Shepstone and Wylie Attorneys v Abraham Johannes De Witt N.O and Others[2025] ZACC 14 · Trust law — whether trust bound by suretyship agreement — decision made at quorate meeting in absence of one trustee — interpretation of tru... Constitutional Court
30 Jan 2025 Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others[2025] ZASCA 7 · Superior Courts Act of 2013 (the Superior Courts Act) – Reconsideration of application for special for leave to appeal – s 17(2)(f) of the S... Supreme Court of Appeal
25 Jul 2024 Estelle Le Roux and Another v Dielemaar Holdings (Cape) Pty Ltd and Another[2024] ZASCA 118 · Contract law – contractual claim involving issues of suretyships – special plea of prescription and res judicata – whether the claim in the... Supreme Court of Appeal
9 Feb 2024 Cohen v Absa Bank Limited[2024] ZASCA 16 · Insolvency law – Interpretation – s 31(2) read with s of the Insolvency Act of 1936 – whether a surety has locus standi to invoke s 31(2) to... Supreme Court of Appeal
12 Dec 2023 Saboath General Traders (Pty) Ltd t/a Sausage Saloon and Another v Mthatha Mall (Pty) Ltd[2023] ZACC 43 · Ouster of jurisdiction of Magistrate’s Court in lease agreement — interests of justice and leave to appeal Constitutional Court
14 Dec 2022 Millenium Aluminium and Glass Services CC and Others v Group Five Construction (Pty) Ltd and Another[2022] ZASCA 180 · Construction guarantee – whether the requirements were met - insurer’s obligation to pay – failure by the subcontractor to pay the certified... Supreme Court of Appeal
3 Jun 2021 Van Zyl v Auto Commodities (Pty) Ltd[2021] ZASCA 67 · Business rescue – effect on liability of surety – interpretation of s 154 of Companies Act of 2008 – deed of suretyship – interpretation – l... Supreme Court of Appeal
3 Dec 2020 Zungu-Elgin Engineering (Pty) Ltd v Jeany Industrial Holdings (Pty) Ltd and Others[2020] ZASCA 160 · Suretyship – at common law a surety’s right of recourse arises upon payment to creditor – s 154(2) of the Companies Act of 2008 does not alt... Supreme Court of Appeal
29 Oct 2019 Shabangu v Land and Agricultural Development Bank of South Africa and Others[2019] ZACC 42 · Land and Agricultural Development Bank Act 15 of 2002 — invalid loan agreement with organ of state — acknowledgment of debt — compromise or... Constitutional Court
28 Sep 2018 - Du Bruyn NO & others v Karsten[2018] ZASCA 143 Supreme Court of Appeal
1 Jun 2018 Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation & others[2018] ZASCA 95 Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.