Tshepe and Another v Rustia Feed (Pty) Ltd (90/2020) [2021] ZASCA 104 (23 July 2021)

Contract – suretyship clause embodied in credit agreement –
application for special leave to appeal to the SCA in terms of s 17(2)(d) of the Superior Courts Act 10 of 2013 – Jurisdiction – whether the applicants validly consented in their personal capacity to the increased monetary jurisdiction of the magistrates' court in
terms of s 45 of the Magistrates' Courts Act 32 of 1944 – whether the respondent had a duty to draw the applicants' attention to the existence of the suretyship clause – whether the applicants were, on the basis of iustus error, not bound by the terms of the suretyship as embodied in the credit application – the applicants validly consented to the increased monetary jurisdiction of the magistrates' court - the duty to inform the applicants of the existence of the suretyship clause did not arise - iustus error defence not sustainable on the facts – no prospects of success on appeal – the application dismissed.