WhatsApp Messages as Evidence in Court

WhatsApp messages are often informal, but they can become important evidence in litigation.

What happened?

In a recent Western Cape High Court matter, a creditor sought the provisional liquidation of a customer who owed R514,023.80.

WhatsApp messages between the customer’s sole director and the creditor’s director showed the customer admitting the debt and promising to pay by month-end. After that deadline passed, further messages followed with apologies and more promises to pay.

The legal issue

The question was whether the creditor had shown that the debtor was unable to pay, as required under section 345(1)(c) of the Companies Act.

Practical point

The case shows that informal messages can carry significant weight. Admissions, payment promises and explanations for non-payment should be treated carefully, particularly in commercial disputes.