WhatsApp Messages as Evidence: Court Orders Liquidation in Gerritsen v Blydskap

A recent judgment in Gerritsen Trading CC t/a Gerritsen Drilling SA v Blydskap Holdings (Pty) Ltd (2024/146798) [2025] ZAWCHC 400 (27 August 2025) highlights how WhatsApp messages are increasingly shaping the outcome of commercial disputes in South Africa.

In this case, Gerritsen Drilling applied for the liquidation of Blydskap Holdings after payments for borehole drilling services remained largely unpaid. Blydskap disputed the debt, arguing that invoices were “pro forma” and that defects in one of the boreholes excused non-payment.

However, the Court placed significant weight on WhatsApp exchanges between the directors of the two companies. The messages clearly reflected Blydskap’s repeated promises to pay, including statements such as “Ons maak so” (“We will do so”) and “Korteliks daars voorsiening gemaak vir betaling” (“Provision has been made for payment”). Blydskap never disputed the messages or their plain meaning.

Judge Cooke AJ found that the WhatsApp record confirmed three key points:

1. Debt Acknowledged – Blydskap admitted, through messages and partial payments, that it owed Gerritsen Drilling.

2. No Genuine Defence – Alleged defects and counterclaims were inconsistent with contemporaneous communications and not pursued seriously.

3. Inability to Pay – Messages further revealed cash-flow problems, with payments dependent on when Blydskap’s own clients settled accounts.

The Court concluded that Blydskap was insolvent and granted a provisional liquidation order, with assets placed under the Master of the High Court.

Why this matters

This judgment reinforces that digital communications can serve as decisive evidence in business disputes. Informal platforms like WhatsApp, often treated casually in business dealings, may carry significant legal weight when tested in court.

For businesses, the lesson is clear:

• Be mindful of commitments made over WhatsApp and other messaging platforms.

• Treat such communications as binding records of agreement and intent.

• Ensure that disputes are properly documented and addressed before they escalate into costly litigation.

Contact LMV Attorneys for advice