South Africa Case Law

Kurt Robert Knoop and Others v Tegeta Exploration and Resources (Pty) Ltd and Others (312/2024)

Kurt Robert Knoop and Others v Tegeta Exploration and Resources (Pty) Ltd and Others (312/2024) [2025] ZASCA 96 (30 June 2025)

Court

Supreme Court of Appeal

Case number

312/2024

Judges

Hughes, Weiner, Unterhalter, Baartman, Molitsoane

The Supreme Court of Appeal held that, under the Companies Act, once a company is placed under business rescue, the business rescue practitioners assume full management control, superseding the board of directors. Directors are thus deprived of the authority to independently appoint attorneys or initiate litigation on behalf of the company without the practitioners' approval. The mere production of a power of attorney by a director does not satisfy Rule 7 of the Uniform Rules of Court unless the director is authorized to issue it. The High Court erred in finding that the attorneys were author…

Source excerpt

• Business Rescue
• Authority Of Directors
• Rule 7 Uniform Rules
• Appointment Of Attorneys
• Appealability
• Powers Of Business Rescue Practitioners

Giwhala NO and Another v Spies (3350/2008)

Giwhala NO and Another v Spies (3350/2008) [2009] ZAWCHC 111 (4 February 2009)

Court

Western Cape High Court, Cape Town

Case number

3350/2008

Judge

Eloff

The court refused to strike a trial from the roll over an alleged conflict of interest involving curators who appointed their own law firm.

• Curatorship Conflict Of Interest
• Fiduciary Duties
• Appointment Of Attorneys
• Ultra Vires Actions
• Curatorship-conflict-of-interest
• Fiduciary-duties