South Africa Case Law

Registrar of Banks v Khambule and Others (26009/2014)

Registrar of Banks v Khambule and Others (26009/2014) [2016] ZAGPJHC 318 (23 March 2016)

Court

South Gauteng High Court, Johannesburg

Case number

26009/2014

Judge

L Windell

The court found that the respondents operated a deposit-taking scheme constituting the business of a bank without registration, in contravention of section 11(1) of the Banks Act. The Registrar issued a valid directive under section 83(1) requiring repayment of unlawfully obtained funds, which the respondents failed to comply with. This failure constitutes an act of insolvency under section 83(3)(b). The final report of repayment administrators established that the respondents' liabilities far exceeded their assets, confirming factual insolvency. The constitutional challenge to section 84(1A)…

Source excerpt

• Banks Act Sequestration
• Unlawful Deposit Taking
• Provisional Winding Up
• Administrative Directive
• Factual Insolvency

Burrups17757 v Department of Water and Environmental Affairs (WT 10/06/09)

Burrups17757 v Department of Water and Environmental Affairs (WT 10/06/09) [2009] ZAWT 3 (10 July 2009)

Court

Water Tribunal

Case number

WT 10/06/09

Judges

L.J Lekale, W Singo, H Thompson, A.S Makhanya, A.S Hadebe

The Tribunal found that the applicant had requested reasons for the directive, which postponed the running of the thirty-day appeal period under section 148(3) of the National Water Act. However, by lodging the appeal before receiving the reasons, the applicant abandoned the postponement, making the appeal late by 525 days. The Tribunal held that the applicant's explanation for the delay was sufficient and acceptable, as the request for reasons was made in accordance with the law. The Tribunal further found that the respondent would not be prejudiced by the granting of condonation and that th…

Source excerpt

• Condonation Of Late Appeal
• Request For Reasons
• Administrative Directive
• Promotion Of Administrative Justice Act

Kobus Crouse Trust v Department of Water Affairs and Forestry (WT 28/02/2006)

Kobus Crouse Trust v Department of Water Affairs and Forestry (WT 28/02/2006) [2008] ZAWT 2 (28 November 2008)

Court

Water Tribunal

Case number

WT 28/02/2006

Judges

L.J Lekale, W Singo, Hubert Thompson, A.S Hadebe

The Water Tribunal dismissed Kobus Crouse Trust’s appeal and upheld a directive under the National Water Act after finding no proof of lawful water-use authority.

• National Water Act
• Water Use Authorisation
• Administrative Directive
• Appeal Procedure
• National-water-act
• Water-use-authorisation