Articles #Special Notarial Bonds

The High Court has reaffirmed the sanctity of written agreements and the strength of secured creditors’ rights in South African law. In a recent judgment, Nndwammbi N O and Others v Sematra and Others (2020-42224) [2025] ZAGPJHC 864 (25 September 2025), the court granted decisive relief to the Sasol Siyakha Enterprise and Supplier Development Trust, allowing it to perfect its security and repossess assets pledged under a Special Notarial Bond following a borrower’s default. The decision illustrates the importance of carefully drafted contracts, whole agreement clauses, and the strict approach courts take to attempts to evade clear obligations.