South Africa Case Law

Lerotholi and Another v Cebekhuli Construction (Pty) Ltd and Others (028122/25)

Lerotholi and Another v Cebekhuli Construction (Pty) Ltd and Others (028122/25) [2025] ZAGPJHC 333 (20 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

028122/25

Judge

Manoim

Urgent commercial dispute over invoice discounting, bank-account control, and a director’s removal. The court granted interim oversight relief but struck the removal challenge off for lack of urgency.

• Invoice Discounting Agreement
• Corporate Governance
• Removal Of Director
• Urgent Interdict
• Bank Account Control
• Invoice-discounting

Governing Body: Apostolic Faith Mission Ngwelezane Assembly v Ndlovu and Others (4025/2017)

Governing Body: Apostolic Faith Mission Ngwelezane Assembly v Ndlovu and Others (4025/2017) [2023] ZAKZDHC 53 (10 August 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

4025/2017

Judge

Mossop

The court held that a self-created interim church committee had no constitutional authority to expel a pastor, control church affairs, or operate church bank accounts.

• Voluntary Association Governance
• Church Constitution Interpretation
• Expulsion Of Pastor
• Internal Grievance Procedure
• Bank Account Control
• Unconstitutional Committee

Ryan and Others v Groenendaal and Others (12142/2022)

Ryan and Others v Groenendaal and Others (12142/2022) [2022] ZAGPJHC 309 (13 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

12142/2022

Judge

Siwendu

The court found that the dispute over the management of the Investec bank account was fundamentally a shareholder dispute, not merely a matter of director authority. The applicants, as majority shareholders and funders, had a direct and protectable interest in the funds held in the account, especially given the pending litigation and the risk of dissipation. The court distinguished the present facts from De Bruyn, noting the SPV structure and the overlap in roles between shareholders and directors. The longstanding joint management arrangement of the account, and the applicants' financial exp…

Source excerpt

• Interim Interdict
• Shareholder Dispute
• Fiduciary Duty
• Companies Act Section 163
• Urgent Application
• Bank Account Control

Diocesan Council of the Evangelical Lutheran Church in SA, Cape Orange Diocese and Another v Khumalo and Others (1022/2019)

Diocesan Council of the Evangelical Lutheran Church in SA, Cape Orange Diocese and Another v Khumalo and Others (1022/2019) [2020] ZANCHC 46 (2 April 2020)

Court

Northern Cape High Court, Kimberley

Case number

1022/2019

Judge

Mamosebo

The High Court granted a final interdict protecting ELCSA Cape Orange Diocese governance, stopping an ex-pastor and council members from acting without authority.

• Final Interdict
• Locus Standi
• Church Governance
• Authority Of Signatories
• Bank Account Control
• Final-interdict

Nyathi and Others v Mogase and Others (24225/19)

Nyathi and Others v Mogase and Others (24225/19) [2020] ZAGPJHC 28 (13 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

24225/19

Judge

Engelbrecht

The court granted an interim interdict freezing company bank accounts pending a planned winding-up application, finding the first respondent’s conduct justified preservation of funds.

• Interim Interdict
• Shareholder Dispute
• Bank Account Control
• Director Liability
• Winding Up Application
• Interim-interdict

African Gospel Church v Standard Bank and Another (855/2009)

African Gospel Church v Standard Bank and Another (855/2009) [2019] ZANCHC 22 (10 May 2019)

Court

Northern Cape High Court, Kimberley

Case number

855/2009

Judge

Phatshoane

The court confirmed a rule nisi restraining withdrawals from an AGC bank account and ordered the funds paid into the church attorneys’ trust account.

• Interim Interdict
• Locus Standi
• Church Governance
• Bank Account Control
• Interim-interdict
• Locus-standi

Mathulini Communal Property Association and Others v Minister of Rural Development and Land Reform and Others (LCC 267/2017)

Mathulini Communal Property Association and Others v Minister of Rural Development and Land Reform and Others (LCC 267/2017) [2018] ZALCC 31 (5 September 2018)

Court

Land Claims Court

Case number

LCC 267/2017

Judge

Canca

The court upheld the CPA constitution, invalidated a disputed 24 June 2017 committee election, vacated all committee positions, and ordered a fresh election.

• Communal Property Association Act
• Committee Election Dispute
• Bank Account Control
• Judicial Review Of Administrative Action
• Constitutionality Of Community Rules
• Interdict Proceedings

Arnold and Another v Bird (3171/2016)

Arnold and Another v Bird (3171/2016) [2017] ZAKZDHC 30 (31 July 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

3171/2016

Judge

Henriques

The court found that the first applicant was in wilful and mala fide contempt of the order of Gorven J dated 21 June 2016. The applicant had knowledge of the order, failed to comply by not depositing all monies into the Standard Bank account, and did not provide a reasonable or credible explanation for missing cash deposits or delayed responses to correspondence. The applicant's explanations were found to be unsatisfactory and not bona fide. The respondent, on the other hand, complied with the order of Moodley J dated 7 July 2016 by providing access to the Standard Bank account, and any delay…

Source excerpt

• Contempt Of Court
• Interim Relief
• Business Partnership Dispute
• Bank Account Control
• Punitive Costs
• Condonation

S v Schroender N.O and Another v Mahlati and Another (1399/16)

S v Schroender N.O and Another v Mahlati and Another (1399/16) [2017] ZAECELLC 5 (24 January 2017)

Court

Eastern Cape High Court, East London Local Court

Case number

1399/16

Judge

J.E Smith

The High Court granted summary judgment to liquidators recovering misappropriated funds diverted into an account controlled by the first defendant.

• Summary Judgment
• Liquidation
• Misappropriation Of Funds
• Rei Vindication
• Bank Account Control
• Summary-judgment

Motheo Multimedia and Another v Selebedi and Others (637/2016)

Motheo Multimedia and Another v Selebedi and Others (637/2016) [2016] ZAFSHC 46 (10 March 2016)

Court

Free State High Court, Bloemfontein

Case number

637/2016

Judge

A Kruger

The High Court set aside the purported election of four respondents as directors for lack of proper notice, dismissed the counter-application, and regularised the bank account.

• Directors Election
• Company Meetings
• Notice Requirements
• Bank Account Control
• Company-meetings
• Directors-election