South Africa Case Law

Minister of Finance v Oakbay Investments (Pty) Ltd and Others; Oakbay Investments (Pty) Ltd and Others v Director of the Financial Intelligence Centre (80978/2016)

Minister of Finance v Oakbay Investments (Pty) Ltd and Others; Oakbay Investments (Pty) Ltd and Others v Director of the Financial Intelligence Centre (80978/2016) [2017] ZAGPPHC 576; [2017] 4 All SA 150 (GP); 2018 (3) SA 515 (GP) (18 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

80978/2016

Judges

D Mlambo, A Ledwaba, L T Modiba

The court held that the Minister of Finance is not empowered or obliged by law to intervene in the contractual relationship between the Oakbay Group and the banks regarding the closure of bank accounts. The legal position is settled by constitutional and statutory principles, and all parties are in agreement. The application for declaratory relief was unnecessary, as it sought confirmation of an uncontested legal question. The court exercised its discretion to refuse declaratory relief, noting that judicial intervention is unwarranted where the legal position is clear and there is no live dis…

Source excerpt

• Declaratory Relief
• Bank Client Relationship
• Ministerial Powers
• Financial Intelligence Centre Act
• Costs Orders
• Joinder Of Parties

Afriq Medical Distributors v First National Bank (4883/2002)

Afriq Medical Distributors v First National Bank (4883/2002) [2010] ZAGPPHC 123 (21 September 2010)

Court

North Gauteng High Court, Pretoria

Case number

4883/2002

Judge

A P Ledwaba

The court dismissed Afriq Medical Distributors’ claim because the disputed funds were traced to a letter-of-credit transaction tainted by forged documents.

• Letter Of Credit
• Fraudulent Documents
• Bank Client Relationship
• Proceeds Of Crime
• Letter-of-credit
• Fraudulent-documents

Cannistrato Investments 213 (Pty) Ltd v Little Rock Trading 45 CC and Another (16580/2009)

Cannistrato Investments 213 (Pty) Ltd v Little Rock Trading 45 CC and Another (16580/2009) [2010] ZAKZDHC 47 (3 August 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

16580/2009

Judge

Ngwenya

An application to interdict withdrawal from a bank account pending a debt dispute was dismissed for lack of a prima facie right and other interdict requirements.

• Interdict
• Debt Collection
• Cession
• Bank Client Relationship
• Banking-law
• Debt-collection