Rantsoareng v Tshem and Another (1404/2022) [2022] ZAFSHC 76 (19 April 2022)

Rantsoareng v Tshem and Another (1404/2022) [2022] ZAFSHC 76 (19 April 2022)

The court found that the applicant failed to make out a case for relief in respect of access codes, as the first respondent credibly explained she could not provide them and had not transacted on the account since September 2021. The applicant's reliance on incomplete and unconfirmed hearsay evidence was rejected. However, the court accepted that the applicant, as majority shareholder and director, faces irreparable harm and that the company's business is prejudiced by lack of access to its bank account. The animosity between directors precludes resolution through internal mechanisms, and the balance of convenience favours granting interim relief to preserve the company's operations. The...

Citation
[2022] ZAFSHC 76
Parties
Applicant: Palesa Pretty Rantsoareng; Respondent: Perseverence Nontyatyambo Tshem; Respondent: Hamba Nathi Travel (Pty) Ltd; Respondent: Nedbank Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 April 2022
Case Number
1404/2022
Procedural Posture
Urgent Application / Interim Interdict Pending Delinquency Proceedings
Outcome
Interim interdict granted in part; first respondent interdicted from transacting on the company's Nedbank account; Nedbank authorised to provide applicant with access codes; no order as to costs.
Judges
Daffue
Legal Topics
Delinquent Director, Interim Interdict, Fiduciary Duties, Shareholders Agreement
Commercial and Corporate Civil Procedure Delinquent Director Interim Interdict Fiduciary Duties Shareholders Agreement

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Parties

Palesa Pretty Rantsoareng

Applicant

Perseverence Nontyatyambo Tshem

Respondent

Hamba Nathi Travel (Pty) Ltd

Respondent

Nedbank Limited

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Delinquency Proceedings

Legal Issues

  1. 1 Whether the applicant has established a prima facie right to interim interdictory relief against the first respondent regarding access and transactions on the company's Nedbank account.
  2. 2 Whether urgency is self-created and whether the application should be struck for lack of urgency.
  3. 3 Whether the requirements for interim relief have been satisfied, including irreparable harm and absence of alternative remedy.

Ratio Decidendi

The court found that the applicant failed to make out a case for relief in respect of access codes, as the first respondent credibly explained she could not provide them and had not transacted on the account since September 2021. The applicant's reliance on incomplete and unconfirmed hearsay evidence was rejected. However, the court accepted that the applicant, as majority shareholder and director, faces irreparable harm and that the company's business is prejudiced by lack of access to its bank account. The animosity between directors precludes resolution through internal mechanisms, and the balance of convenience favours granting interim relief to preserve the company's operations. The...

Court Disposition

Interim interdict granted in part; first respondent interdicted from transacting on the company's Nedbank account; Nedbank authorised to provide applicant with access codes; no order as to costs.

Orders

  • The first respondent is interdicted pendente lite from transacting in any way on the second respondent's Nedbank business bank account (account number 1171093071) and Nedbank banking profile (electronic profile number 3010009519).
  • Nedbank, the third respondent, is directed and authorised to provide the applicant with the access code(s) to the Nedbank electronic profile number 3010009519 of the second respondent and/or Nedbank business account number 1171093071.