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South Africa decisions
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CJ Minaar Beherend (Pty) Ltd and Others v Du Toit N.O and Others (13381/2024) [2025] ZALMPPHC 14 (22 January 2025)
The High Court set aside a business rescue resolution for non-compliance with section 129, found the applicants had locus standi, and awarded punitive costs.
Transasia 444 (Pty) Ltd v Minister of Mineral Resources and Energy and Others; Transasia Minerals (SA) (Pty) Ltd v Minister of Mineral Resources and Energy and Others (702/2023; 707/2023) [2024] ZASCA 145 (23 October 2024)
The Supreme Court of Appeal held that the High Court order compelling disclosure of records was erroneously granted in the absence of the appellants, who had a direct and substantial interest as owners of confidential material. Their non-joinder constituted a procedural irregularity, and they were necessary parties entitled to be served and cited in the application. The High Court erred by refusing rescission and by supplementing the original order with a confidentiality regime instead of granting or refusing rescission as required by rule 42(1)(a). The appeal was upheld, the High Court order…
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Sundays River Citrus Company (Pty) Ltd and Another, In re: Bouwer v Lonetree Citrus CC and others (1626/2024; 1623/2024) [2024] ZAECQBHC 56; [2025] 1 All SA 571 (ECP); 2025 (1) SA 529 (ECGq) (17 September 2024)
High Court held that court-ordered business rescue begins only when the order is granted; SRCC could intervene only where it remained an affected person.
Moodley v Adzam Trading 48 (PTY) Limited and Others (32779/2020) [2022] ZAGPJHC 995 (19 December 2022)
The High Court set aside Adzam’s voluntary business rescue resolution, finding no reasonable basis to believe the company was financially distressed.
CNA Operations (Pty) Ltd and Others v Anglowealth Sharia (Pty) Ltd and Others (48357 / 2021) [2021] ZAGPJHC 767 (2 December 2021)
The High Court refused leave to appeal against a rescission order and dismissed a section 18 suspension application, holding the order was not appealable and no irreparable harm was shown.
Mango Pilots Association and Others v Mango Airlines SOC Limited and Another (21/35958) [2021] ZAGPJHC 876 (7 September 2021)
The court held that Mango Airlines' board resolution to commence business rescue was valid and effective, as it was adopted before liquidation proceedings were initiated. The five business day period in section 129(3) of the Companies Act applies only to procedural requirements after filing, not to the time between adoption and filing. Ministerial approval under the PFMA was required before filing the resolution, and Mango complied with this requirement. The applicants' urgent application for business rescue was incompetent because a board resolution had already been adopted, and their remedy…
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Nathan and Another v Nathan and Others (D1322/2021) [2021] ZAKZPHC 39 (30 June 2021)
The court found that the applicants lacked locus standi as they were not affected persons under section 128(1)(a) of the Companies Act. Their interest as beneficiaries of a trust holding shares in the company was insufficient to confer standing. The application was further defective for failing to seek leave to institute proceedings in a separate substantive application as required by section 133(1)(b). The applicants did not present a well-motivated application addressing the relevant factors, including the interests of creditors and employees, the impact on the company's financial health, a…
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Van der Merwe and Others v Ikageng Electrical Contractors (Pty) Ltd and Another; Voltex (Pty) Ltd t/a Lighting Structures and Atlas Group v Ikageng Electrical Contractors (Pty) Ltd (1580/2020; 2247/2019) [2020] ZAFSHC 266 (24 December 2020)
The court found that the applicants failed to establish reasonable prospects for rescuing Ikageng Electrical Contractors (Pty) Ltd. The affidavits lacked candour, downplayed liabilities, and provided speculative assertions regarding future contracts and profits. Major creditors, Voltex and ABSA, were not supportive of any business rescue plan, and the company's assets were insufficient and diminishing. The application was found to be contrived and an abuse of process, intended to delay liquidation. The interests of creditors outweighed those of employees in the circumstances, and the requirem…
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Cooper NO and Another v Knoop NO and Others (38630/2019) [2019] ZAGPJHC 552 (28 January 2019)
The court found that all affected persons under the business rescue plan have a direct and substantial interest in the relief sought by the applicants and intervening parties. The plan, adopted in terms of the Companies Act, binds all creditors and affected persons, and any order setting aside the plan or requiring repayment of amounts received would materially affect their rights. The applicants failed to properly identify and join all affected persons, rendering the application fatally defective for non-joinder. The point in limine raised by the sixth respondent was upheld, and all applicat…
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BP Southern Africa (Pty) Ltd v Intertrans Oil SA (Pty) Ltd and Others (34716/2016) [2016] ZAGPJHC 310; 2017 (4) SA 592 (GJ) (25 November 2016)
The court found that the first respondent is commercially insolvent, with liabilities far exceeding assets and no reasonable prospect of obtaining the working capital required to continue trading. The business rescue practitioner suspended all obligations under the Branded Distribution Agreement, entitling the applicant to withhold product, premises, and equipment, and the cession of book debts remains enforceable, securing the applicant's claim to all trade receivables until the debt is paid. The respondents' arguments regarding alternative suppliers and improved profitability were speculati…
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