Regiments Fund Managers (PTY) Ltd and Others v The Commissioner for the South African Revenue Services and Another (33815/2021) [2022] ZAGPJHC 636 (5 September 2022)

Regiments Fund Managers (PTY) Ltd and Others v The Commissioner for the South African Revenue Services and Another (33815/2021) [2022] ZAGPJHC 636 (5 September 2022)

The court found that the interim interdict granted prior to the hearing of the review proceedings is not final in effect and does not dispose of the substantive relief sought in the main application. Accordingly, leave to appeal should not be granted, as the real and genuine issues will be adjudicated in the review application. The court also determined that the allegations of misleading the court by the Liquidators are serious and should be fully ventilated before another court. The court exercised its inherent power to protect and regulate its own process and allowed the application for costs de bonis propriis against the Liquidators in their personal capacity to proceed, with...

Citation
[2022] ZAGPJHC 636
Parties
Applicant: Regiments Fund Managers (PTY) Ltd; Applicant: Litha Mveliso Nyhonyha; Applicant: Magandheran Pillay; Respondent: The Commissioner for the South African Revenue Service; Respondent: Regiments Capital (PTY) Ltd (In Liquidation)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 September 2022
Case Number
33815/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interim Interdict Judgment
Outcome
Leave to appeal is dismissed with costs. The application to proceed with costs de bonis propriis against the Liquidators in their personal capacity is granted. Directions are given for the filing of affidavits and the setting down of the hearing.
Judges
Victor
Legal Topics
Interim Interdict, Leave to Appeal, Locus Standi, Derivative Action, Costs De Bonis Propriis, Separation of Powers
Civil Procedure Tax Law Commercial and Corporate Interim Interdict Leave to Appeal Locus Standi Derivative Action Costs De Bonis Propriis +1 more

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Parties

Regiments Fund Managers (PTY) Ltd

Applicant

Litha Mveliso Nyhonyha

Applicant

Magandheran Pillay

Applicant

The Commissioner for the South African Revenue Service

Respondent

Regiments Capital (PTY) Ltd (In Liquidation)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interim Interdict Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the interim interdict judgment.
  2. 2 Whether the applicants have locus standi to bring the application.
  3. 3 Whether the court erred in granting an interim interdict against the exercise of statutory powers by SARS.

Ratio Decidendi

The court found that the interim interdict granted prior to the hearing of the review proceedings is not final in effect and does not dispose of the substantive relief sought in the main application. Accordingly, leave to appeal should not be granted, as the real and genuine issues will be adjudicated in the review application. The court also determined that the allegations of misleading the court by the Liquidators are serious and should be fully ventilated before another court. The court exercised its inherent power to protect and regulate its own process and allowed the application for costs de bonis propriis against the Liquidators in their personal capacity to proceed, with...

Court Disposition

Leave to appeal is dismissed with costs. The application to proceed with costs de bonis propriis against the Liquidators in their personal capacity is granted. Directions are given for the filing of affidavits and the setting down of the hearing.

Orders

  • The application for leave to appeal is dismissed with costs.
  • The application to proceed with the relief as set out in the Notice of Motion regarding costs de bonis propriis against the Liquidators in their personal capacity is granted.