South Africa Case Law

Society for Prevention of Cruelty to Animals Tshwane v National Council of Society for Prevention of Cruelty (24/125547)

Society for Prevention of Cruelty to Animals Tshwane v National Council of Society for Prevention of Cruelty (24/125547) [2025] ZAGPJHC 19 (14 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

24/125547

Judge

Wentzel AJ

The High Court ordered the NSPCA to restore access, records and email to Tshwane SPCA directors, finding their exclusion blocked audit compliance and oversight.

• Fiduciary Duties Of Directors
• Companies Act Section 76
• Oversight And Access Rights
• Statutory Management Takeover
• Audited Financial Statements
• Interdict Relief

Electoral Commission of South Africa v African Independent Congress and Others (0011/23EC)

Electoral Commission of South Africa v African Independent Congress and Others (0011/23EC) [2024] ZAEC 11 (10 May 2024)

Court

Electoral Court

Case number

0011/23EC

Judges

Zondi JA, Modiba J, Adams AJ, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court held that multiple political parties failed to comply with section 12 of the Political Party Funding Act and imposed administrative penalties.

• Political Party Funding
• Administrative Penalties
• Statutory Compliance
• Audited Financial Statements
• Regulatory Enforcement
• Political-party-funding

Moodley v Crazy Plastics Holdings (Pty) Ltd and Another (23/39002)

Moodley v Crazy Plastics Holdings (Pty) Ltd and Another (23/39002) [2024] ZAGPJHC 7 (5 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23/39002

Judge

S Yacoob

The applicant, as a minority shareholder, is entitled to access independently reviewed financial statements for the relevant periods under the Companies Act. If audited financial statements exist for prior years, the company must disclose and provide them. If not, the applicant is entitled to have audited statements produced, with the cost to be shared between the applicant and the company. The respondents' conduct in refusing to engage substantively and taking a technical approach is found to be obstructive and unfair. The court orders the production and disclosure of independently reviewed…

Source excerpt

• Shareholder Rights
• Access To Company Information
• Companies Act Section 26
• Minority Protection
• Audited Financial Statements

Registrar of Labour Relations v Chemical, Energy, Paper, Wood and Allied Workers Union and Others (J815/2015)

Registrar of Labour Relations v Chemical, Energy, Paper, Wood and Allied Workers Union and Others (J815/2015) [2015] ZALCJHB 362 (9 October 2015)

Court

Labour Court Johannesburg

Case number

J815/2015

Judge

Van Niekerk

The Labour Court granted leave to amend a motion seeking compliance by a union with financial and constitutional duties, and allowed a future section 103A application if compliance failed.

• Union Administration
• Audited Financial Statements
• Failure To Comply With Statutory Obligations
• Amendment Of Notice Of Motion
• Section 103a Lra
• Union-administration

Clifton Dunes Investments 100 Limited and Another v City Capital SA Property Holdings Limited (169/14)

Clifton Dunes Investments 100 Limited and Another v City Capital SA Property Holdings Limited (169/14) [2015] ZASCA 12 (16 March 2015)

Court

Supreme Court of Appeal

Case number

169/14

Judges

Lewis, Maya, Majiedt, Pillay, Zondi

SCA upheld a finding that the loan to the property company was R20 321 248, not R25 million, and dismissed the appeal with costs.

• Property Syndication
• Loan Determination
• Shareholder Rights
• Audited Financial Statements
• Purchase Consideration
• Adducing Further Evidence On Appeal