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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 274

All Phone Solutions (Pty) Ltd and Another v Goldblatt (2022/049298)

All Phone Solutions (Pty) Ltd and Another v Goldblatt (2022/049298) [2025] ZAGPJHC 274 (13 March 2025)

The High Court confirmed a provisional sequestration order against Bradley Goldblatt, rejecting challenges to authority, locus standi, and the true debtor.

  • Sequestration
  • Locus Standi
  • Authority Of Attorneys
  • Fraudulent Misrepresentation
  • Advantage To Creditors
  • Locus-standi
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Civil Procedure [2024] ZAGPJHC 1013

Mkhize and Others v Kwandile Resources (Pty) Ltd (2023/005460)

Mkhize and Others v Kwandile Resources (Pty) Ltd (2023/005460) [2024] ZAGPJHC 1013 (7 October 2024)

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…

  • Authority Of Attorneys
  • Memorandum Of Incorporation Interpretation
  • Board Resolutions
  • Director Term Limits
  • Special Resolution Requirement
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Labour Law [2024] ZALAC 35

Monareng v Dr JS Moroka Municipality (JA46/22)

Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35; [2024] 10 BLLR 1029 (LAC); (2024) 45 ILJ 2689 (LAC) (3 July 2024)

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…

  • Authority Of Attorneys
  • Municipal Manager Powers
  • Section 139 Intervention
  • Principle Of Legality
  • Withdrawal Of Resignation
  • Admission Of Further Evidence
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Commercial And Corporate [2022] ZAGPPHC 800

Naude N.O. and Another v Louis Pasteur Medical Investments Ltd and Others (51476/2021)

Naude N.O. and Another v Louis Pasteur Medical Investments Ltd and Others (51476/2021) [2022] ZAGPPHC 800 (24 October 2022)

The court granted condonation, found LPMI’s attorneys lacked authority, removed Mr Naidoo as co-business rescue practitioner, and dismissed the counter-application.

  • Business Rescue Practitioner Removal
  • Authority Of Attorneys
  • Condonation For Late Filing
  • Board Resolution Validity
  • Business-rescue-practitioner-removal
  • Authority-of-attorneys
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Civil Procedure [2022] ZAGPPHC 557

Luvhomba Legal Edge CC and Others v Nedbank Limited (28220/2015 and 28221/2015)

Luvhomba Legal Edge CC and Others v Nedbank Limited (28220/2015 and 28221/2015) [2022] ZAGPPHC 557 (29 July 2022)

The High Court dismissed an application for leave to appeal after finding no reasonable prospects of success on rescission or the underlying defence.

  • Leave To Appeal
  • Locus Standi
  • Costs Orders
  • Rescission Of Judgment
  • Authority Of Attorneys
  • Leave-to-appeal
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Civil Procedure [2015] ZAGPPHC 770

South African National Roads Agency Limited v Zunkulu and Others (18553/12)

South African National Roads Agency Limited v Zunkulu and Others (18553/12) [2015] ZAGPPHC 770 (13 November 2015)

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…

  • Amicus Curiae Admission
  • Customary Law Standing
  • Rule 16a Procedure
  • Impartiality Of Amicus
  • Authority Of Attorneys
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Commercial And Corporate [2011] ZASCA 159

Lynn NO and Another v Coreejes and Another (687/10)

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)

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…

  • Liquidator Joint Action
  • Companies Act Section 382
  • Ratification Of Procedural Acts
  • Point In Limine
  • Authority Of Attorneys
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.