All Phone Solutions (Pty) Ltd and Another v Goldblatt (2022/049298) [2025] ZAGPJHC 274 (13 March 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2022/049298
Judge
De Oliveira
The High Court confirmed a provisional sequestration order against Bradley Goldblatt, rejecting challenges to authority, locus standi, and the true debtor.
Mkhize and Others v Kwandile Resources (Pty) Ltd (2023/005460) [2024] ZAGPJHC 1013 (7 October 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/005460
Judge
Nico van der Walt
The court found that the directors' terms were not automatically limited by the amendment to the memorandum of incorporation; a further positive step by shareholders was required to remove or appoint directors. The directors who signed the round-robin resolution were validly appointed at the relevant time. The institution of the main application did not require a special resolution by shareholders, as the risk or exposure contemplated by the memorandum was not established on the facts. The round-robin resolution was validly adopted by a majority of eligible directors, excluding Mr Mkhize due…
Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35; [2024] 10 BLLR 1029 (LAC); (2024) 45 ILJ 2689 (LAC) (3 July 2024)
Court
Labour Appeal Court
Case number
JA46/22
Judges
Savage, Van Niekerk, Nkutha-Nkontwana
The Labour Appeal Court found that the Municipality failed to provide a valid council resolution and power of attorney authorising opposition to the appeal and the application for further evidence, as required by Rule 6(2) of the Labour Appeal Court Rules. Consequently, the matter proceeded unopposed. The Court admitted further evidence showing that the section 139(1)(b) intervention ended on 31 March 2021, which meant Mr Mhlanga no longer had authority as Administrator when he refused to consent to the withdrawal of Mr Monareng's resignation. The refusal was therefore ultra vires and void. T…
Naude N.O. and Another v Louis Pasteur Medical Investments Ltd and Others (51476/2021) [2022] ZAGPPHC 800 (24 October 2022)
Court
North Gauteng High Court, Pretoria
Case number
51476/2021
Judge
S Potterill
The court granted condonation, found LPMI’s attorneys lacked authority, removed Mr Naidoo as co-business rescue practitioner, and dismissed the counter-application.
South African National Roads Agency Limited v Zunkulu and Others (18553/12) [2015] ZAGPPHC 770 (13 November 2015)
Court
North Gauteng High Court, Pretoria
Case number
18553/12
Judge
M F Legodi
The court refused the application by the Centre for Law and Society (CLS) to be admitted as amicus curiae. The judge found that CLS failed to disclose the circumstances of its involvement, raising reasonable apprehension of partiality and partisan interest. The evidence indicated that CLS was approached by the respondents' attorneys to assist with issues of standing and authority, and its subsequent actions suggested an intention to bolster the respondents' case rather than provide independent expertise. The court held that any apprehension of lack of impartiality or suspicion of bias is suff…
Lynn NO and Another v Coreejes and Another (687/10) [2011] ZASCA 159; 2011 (6) SA 507 (SCA); [2012] 1 All SA 620 (SCA) (28 September 2011)
Court
Supreme Court of Appeal
Case number
687/10
Judges
Lewis, Snyders, Malan, Majiedt, Seriti
Section 382(1) of the Companies Act 61 of 1973 does not contain a general prohibition rendering acts performed by less than all appointed liquidators a nullity. The provision requires joint action and imposes joint and several liability for acts performed jointly, but does not invalidate acts performed without full joint action. The procedural defect arising from the failure of all liquidators to authorise the institution of the action is capable of ratification, especially where the non-consenting liquidator subsequently resigns and the remaining liquidators are appointed and pursue the liti…