WH Civil Engineering (Pty) Ltd and Another v Vander Diamonds (Pty) Ltd and Others (3575/2020) [2025] ZAMPMHC 34 (4 July 2025)

WH Civil Engineering (Pty) Ltd and Another v Vander Diamonds (Pty) Ltd and Others (3575/2020) [2025] ZAMPMHC 34 (4 July 2025)

The court found that Ms Maseko lacked locus standi and authority to institute the condonation and leave to appeal applications, as she became a director after the company was wound up and no resolution authorised her to act. The confirmatory affidavit by Mr Matwalane did not confer authority, and he was no longer a director. The applicants failed to provide a full and detailed explanation for the delay in filing the application for leave to appeal and condonation. Furthermore, the applicants did not address prospects of success in their founding papers, which is a critical requirement for condonation and leave to appeal. The court held that the minimal delay did not outweigh the lack of...

Citation
[2025] ZAMPMHC 34
Parties
Applicant: WH Civil Engineering (Pty) Ltd; Applicant: Whisky Hendrick Matwalane; Respondent: Vander Diamonds (Pty) Ltd; Respondent: Daniese Elaine Steyn N.O.; Respondent: Izak Johannes Boshoff N.O.; Respondent: The Master of the High Court: Mbombela
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
4 July 2025
Case Number
3575/2020
Procedural Posture
Leave to Appeal / Application for Condonation for Late Filing of Leave to Appeal
Outcome
Application for condonation dismissed with costs.
Judges
JL Bhengu
Legal Topics
Condonation, Leave to Appeal, Locus Standi, Authority of Directors, Company Liquidation
Civil Procedure Commercial and Corporate Condonation Leave to Appeal Locus Standi Authority of Directors Company Liquidation

Case Brief

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Parties

WH Civil Engineering (Pty) Ltd

Applicant

Whisky Hendrick Matwalane

Applicant

Vander Diamonds (Pty) Ltd

Respondent

Daniese Elaine Steyn N.O.

Respondent

Izak Johannes Boshoff N.O.

Respondent

The Master of the High Court: Mbombela

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation for Late Filing of Leave to Appeal

Legal Issues

  1. 1 Whether the applicants' late filing of the application for leave to appeal should be condoned.
  2. 2 Whether Ms Maseko had locus standi and authority to institute the condonation and leave to appeal applications.
  3. 3 Whether the applicants provided a sufficient explanation for the delay.

Ratio Decidendi

The court found that Ms Maseko lacked locus standi and authority to institute the condonation and leave to appeal applications, as she became a director after the company was wound up and no resolution authorised her to act. The confirmatory affidavit by Mr Matwalane did not confer authority, and he was no longer a director. The applicants failed to provide a full and detailed explanation for the delay in filing the application for leave to appeal and condonation. Furthermore, the applicants did not address prospects of success in their founding papers, which is a critical requirement for condonation and leave to appeal. The court held that the minimal delay did not outweigh the lack of...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The special plea is upheld.
  • The application for condonation is dismissed with costs on a party and party scale.