South Africa Case Law

Morakadi and Another v Bakone Ba Masha Mokopole Communal Property Association and Others (HCAA39/2023)

Morakadi and Another v Bakone Ba Masha Mokopole Communal Property Association and Others (HCAA39/2023) [2024] ZALMPPHC 161 (1 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA39/2023

Judges

Bresler, Ngobeni, Ledwaba

The appeal was dismissed because the appellants failed to present sufficient evidence that the First Respondent was unwilling or unable to pay its debts or meet its obligations, or that it would be just and equitable to place it under administration. The court found that the alleged maladministration and misconduct did not amount to a breakdown of trust among all members, nor did it justify such a drastic remedy. The Sixth Respondent was already undertaking regularization measures, and alternative remedies under the Communal Property Association Act had not been exhausted by the appellants. T…

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• Communal Property Association Act
• Judicial Discretion
• Just And Equitable Remedy
• Counter Application
• Administration Order

Smith NO v Clerk of the Court, Pietermaritzburg (AR153/2016)

Smith NO v Clerk of the Court, Pietermaritzburg (AR153/2016) [2017] ZAKZPHC 14; 2017 (5) SA 289 (KZP) (31 March 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR153/2016

Judges

Madondo DJP, Ploos van Amstel J

The High Court held that an emoluments attachment order under an administration order must be issued by the court with jurisdiction over the employer.

• Emoluments Attachment Order
• Administration Order
• Magistrates Courts Act
• Judicial Oversight
• Jurisdiction
• Constitutional Validity

Abrahams v Shargey NO and Others (A130/14)

Abrahams v Shargey NO and Others (A130/14) [2014] ZAWCHC 218 (18 December 2014)

Court

Western Cape High Court, Cape Town

Case number

A130/14

Judges

N P Boqwana, A G Binns-Ward

The court held that the magistrate was correct in upholding the points in limine and refusing to consider the merits of the application for removal of the administrator. The appellant failed to pursue the statutory mechanisms of taxation and review of the distribution account before seeking removal. The administrator, as a practising attorney, was entitled to charge reasonable legal costs over and above the capped remuneration, provided such costs were properly accounted for and subject to review or taxation if requested. The discrepancies in the accounts and alleged unaccounted payments did…

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• Administration Order
• Removal Of Administrator
• Distribution Account Review
• Taxation Of Costs

Dlamini v Maharaj (3260/10)

Dlamini v Maharaj (3260/10) [2010] ZAKZPHC 27 (8 June 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3260/10

Judge

Wallis

The court held that the magistrate was correct in disallowing items in the first bill of costs that were covered by the instruction fee and drawing fee under the tariff for administration order applications. The tariff must be interpreted as including all attendances and correspondence necessary for taking instructions and drawing the application, and separate charges for such work are not permitted. Regarding the second to eighteenth bills, the court found that all work performed by Ms Maharaj during the administration was work required of her as administrator, and she was not entitled to re…

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• Administration Order
• Taxation Of Costs
• Magistrates Courts Act
• Attorney Fees
• Statutory Fee Caps

Zwarts v Thulo (02/2010)

Zwarts v Thulo (02/2010) [2010] ZANWHC 9 (3 June 2010)

Court

North West High Court, Mafikeng

Case number

02/2010

Judges

DI Matlapeng, AA Landman

High Court appeal on notice to creditors in rescission of an administration order, and on setting aside a de bonis propriis costs order.

• Administration Order
• Service Of Process
• Non Joinder
• Costs De Bonis Propriis
• Administration-order
• Creditor-notification

Shargey NO v Magistrate Atlantis; Albertus NO (A279/2008)

Shargey NO v Magistrate Atlantis; Albertus NO (A279/2008) [2008] ZAWCHC 282 (31 October 2008)

Court

Western Cape High Court, Cape Town

Case number

A279/2008

Judges

Baartman, Traverso

The High Court dismissed an appeal against refusal to appoint a non-practising attorney as administrator of an estate under the Magistrate’s Court Act.

• Administration Order
• Magistrates Court Act
• Fiduciary Duties
• Trust Account Requirements
• Administration-order
• Trust-account-requirements

Sass v Magistrate Malmesbury (A117/2008)

Sass v Magistrate Malmesbury (A117/2008) [2008] ZAWCHC 236 (8 August 2008)

Court

Western Cape High Court, Cape Town

Case number

A117/2008

Judges

Velhuizen, E J S Steyn

The court held that the magistrate's reliance on African Bank Limited v Melwyn Weiner was misplaced, as that case did not decide the issue of security for non-practising attorneys appointed as administrators under section 74E of the Magistrate's Court Act. The court followed Werner NO v Broekhuvzen, which interpreted 'practitioner' to include both practising and non-practising attorneys. Therefore, an admitted attorney, even if non-practising, is not required to provide security when appointed as administrator. The magistrate's judgment was set aside and replaced with an order placing the app…

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• Administration Order
• Security For Administrator
• Magistrates Court Act
• Definition Of Practitioner

Bafana Finance Mabopane v Makwakwa and Another (475/04)

Bafana Finance Mabopane v Makwakwa and Another (475/04) [2006] ZASCA 46; 2006 (4) SA 581 (SCA) ; [2006] 4 All SA 1 (SCA) (30 March 2006)

Court

Supreme Court of Appeal

Case number

475/04

Judges

Harms, Conradie, Cloete, Van Heerden, Cachalia

The Supreme Court of Appeal held that a micro-lending clause barring an administration-order application under section 74 was contrary to public policy and unenforceable.

• Administration Order
• Public Policy
• Waiver Of Statutory Rights
• Micro Lending
• Contra Bonos Mores
• Administration-order

Fortuin and Others v Various Creditors (A566/2003)

Fortuin and Others v Various Creditors (A566/2003) [2003] ZAWCHC 66; 2004 (2) SA 570 (C) (1 December 2003)

Court

Western Cape High Court, Cape Town

Case number

A566/2003

Judges

Dlodlo, Veldhuizen

The High Court upheld an appeal against dismissal of administration order applications, holding the magistrate wrongly required debts to be repaid in full within a reasonable time.

• Administration Order
• Magistrates Court Act Section 74
• Judicial Discretion
• Interest On Debt
• Concursus Creditorium
• Administration-order

Oosthuizen v Landdros, Senekal and Others (876/2002)

Oosthuizen v Landdros, Senekal and Others (876/2002) [2002] ZAFSHC 10; 2003 (4) SA 450 (O) (29 August 2002)

Court

Free State High Court, Bloemfontein

Case number

876/2002

Judges

Van Coller, Cillié

High Court review of a magistrate’s appointment of an administrator under section 74. The court held the magistrate wrongly limited appointments to the debtor’s nominee.

• Magistrates Courts Act
• Administration Order
• Judicial Discretion
• Review Of Magistrate Decision
• Administration-order
• Magistrates-courts-act