Qabaka and Others v South African Women In Mining Association and Others (37505/2019) [2023] ZAGPJHC 1105 (6 April 2023)

Qabaka and Others v South African Women In Mining Association and Others (37505/2019) [2023] ZAGPJHC 1105 (6 April 2023)

The applicants failed to establish contempt of Malindi J's order, as the respondents' version that the applicants were reinstated by board resolution and operation of law is not inherently implausible. The applicants delayed providing written consents, which were necessary for CIPC registration, and did not substantiate claims of invalidity regarding their reinstatement or removal. The February 2022 resolution removing the applicants as directors was lawfully implemented after proper notice and opportunity to make representations. The applicants did not make out a case for an interdict, as the resolution had already been implemented. The application to compel was justified, as the...

Citation
[2023] ZAGPJHC 1105
Parties
Applicant: Nomaci Qabaka; Applicant: Lucy Ngwabeni; Applicant: Vuyiswa Ndzakana; Respondent: South African Women In Mining Association; Respondent: Nomakhwezi Mzambo; Respondent: Noluthando Langeni; Respondent: Masikini Sithole; Respondent: Dikeledi Motsumi; Respondent: Mirriam Moetlo; Respondent: Simangele Mngomezulu; Respondent: Nedbank Group Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 April 2023
Case Number
37505/2019
Procedural Posture
Civil Application / Part a (interim/interdict and Contempt Relief)
Outcome
Application dismissed (Part A). Costs awarded as set out below.
Judges
A Friedman
Legal Topics
Contempt of Court, Director Reinstatement, Removal of Directors, Companies Act, Interim Interdict
Commercial and Corporate Civil Procedure Contempt of Court Director Reinstatement Removal of Directors Companies Act Interim Interdict

Case Brief

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Parties

Nomaci Qabaka

Applicant

Lucy Ngwabeni

Applicant

Vuyiswa Ndzakana

Applicant

South African Women In Mining Association

Respondent

Nomakhwezi Mzambo

Respondent

Noluthando Langeni

Respondent

Masikini Sithole

Respondent

Dikeledi Motsumi

Respondent

Mirriam Moetlo

Respondent

Simangele Mngomezulu

Respondent

Nedbank Group Limited

Respondent

Procedural Posture

Civil Application / Part a (interim/interdict and Contempt Relief)

Legal Issues

  1. 1 Whether the respondents were in contempt of the order granted by Malindi J on 18 October 2021.
  2. 2 Whether the applicants were validly reinstated as directors of SAWIMA pursuant to the court order.
  3. 3 Whether the respondents lawfully removed the applicants as directors in February 2022.

Ratio Decidendi

The applicants failed to establish contempt of Malindi J's order, as the respondents' version that the applicants were reinstated by board resolution and operation of law is not inherently implausible. The applicants delayed providing written consents, which were necessary for CIPC registration, and did not substantiate claims of invalidity regarding their reinstatement or removal. The February 2022 resolution removing the applicants as directors was lawfully implemented after proper notice and opportunity to make representations. The applicants did not make out a case for an interdict, as the resolution had already been implemented. The application to compel was justified, as the...

Court Disposition

Application dismissed (Part A). Costs awarded as set out below.

Orders

  • Part A of the application brought by the first and second applicants on 17 March 2022 under case number 37505/2019 is dismissed.
  • Save as provided in paragraph 3 below, the first and second applicants are to pay the first, third and fourth respondents’ costs of this application.