IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
KSNATURE ~~ —S—S=DATE: u| | wos
CASE NO: 098194-2025
In the matter between:-
OLYMPUS MOBILE (PTY) LTD First Applicant
SOL ECOSYSTEM (PTY) LTD Second Applicant
and
ACCESS BANK SOUTH AFRICA LIMITED Respondent
JUDGMENT
ALLEN AJ
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INTRODUCTION
[1] This is an Opposed Urgent Application to compel respondent to reinstate the
electronic funds transfer (“EFT”) outward payment services in respect of the master
services agreement concluded between the first applicant and respondent on or about
18 May 2016 (“MSA”) within 24 hours of the court order. The first applicant also asks
for an order interdicting the respondent from suspending or terminating any services
rendered by it to the first applicant in terms of the MSA pending the elapsing of the
termination period on 9 March 2026. In addition to its answering affidavit, respondent
also filed a supplementary affidavit which was accepted.
THE FACTS
[2] The parties entered into various agreements such as a master services
agreement, a commercial agreement, a product agreement, annexure H new products
and services and EFT service level agreement,
[3] Second applicant gave first applicant a “business application mandate”. First
applicant hereafter opened a bank account for second applicant on 7 June 2021
confirming the account held with first applicant. The bank account details also stated
that the bank is Olympus Mobile (Under License of Grobank Limited), the branch is
Olympus Mobile, the type of account is a savings account, the account name is second
respondent's name and the account number furnished by first applicant.
[4] Second applicant’s sole director is Jonathan Holden who is also a director with
Johann Mostert in first applicant. First applicant is a wholly owned subsidiary of second
applicant.
[5] First applicant has with respondent a call account and a business savings
account which also appears to be the pool account. Monies received by first applicant
from clients are deposited with first applicant. First applicant further discloses to its
clients that it is also “an authorized distribution channel of respondent”. The account
numbers furnished to first applicant's clients differs from the pool account held with
respondent.
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[6] On 10 March 2025 respondent gave first applicant notice in terms of the MSA,
clause 12.2, to terminate the agreement on 12 months’ notice. On 28 and 29 May 2025
respondent established that “there is a heck of a lot of tap and go transactions that
happened since last night, apparently this appears to be fraudulent and needs to be
investigated asap in order for the cards to be identified and stopped”.
[7] Respondent communicated with Johann Mostert of first applicant in this regard.
First applicant was informed that precautionary measures were implemented for the
BIN where suspicious activity was identified and processing limits have been reduced
to zero. On 30 May 2025 first applicant was requested certain information, shortly
summarized as a list of all impacted customers, full details of all transaction attempts,
confirmation whether all customers were contacted and their response as to fraudulent
activity on their accounts, confirmation per customer fraud amounts and transactions
and onboarding forms such as FICA documents. Respondent also requested the
contact details of the card monitoring team and a summary of the fraud prevention and
response process currently followed by first applicant.
[8] On 9 June 2025 first applicant was advised that the pool account was going
into an overdrawn status and the EFT out limits will be reduced to RO and the limit was
set accordingly. First applicant was obliged to make payments, whether they disputed
portions of the amount or not, in terms of the agreement between the parties.
Respondent relies on the principle “pay now, fight later”. On 10 June 2025 first
applicant was again requested for the information.
[9] A statement was also annexed to the 9 June 2025 correspondence which reads
the customer name is Alliance Banking, the account title is Olympus Mobile, the
account class is a business savings account. The account number is 20000442125
which shows an opening balance of R 2 517 599.45 and the closing balance of R 641
161.78 for the period 6 June 2025 to 9 June 2025. On 27 June 2025 the amount was
R 4 382 156.10. The pool account number and first applicant's business savings
account are the same account.
' Clause 8.6 of the MSA and clause 8.1.2 of the commercial agreement
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