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South Africa Case Law

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Banking And Finance [2016] ZAKZPHC 46

Kruger v Dhlamini and Others (2914/2015)

Kruger v Dhlamini and Others (2914/2015) [2016] ZAKZPHC 46 (27 May 2016)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
2914/2015
Judge
Seegobin

The court held that the respondents had participated in a pyramid scheme in contravention of the Banks Act and that the Registrar of Banks had lawfully issued a directive requiring repayment of unlawfully obtained monies. The respondents failed to challenge or review the directive, which therefore remained valid and enforceable. The applicant, as repayment administrator, was statutorily obliged to attach all assets of the respondents. The respondents' arguments regarding disputes of fact and constitutional property rights were found to be irrelevant at this stage, as the attachment did not co…

Source excerpt

  • Banks Act Enforcement
  • Pyramid Scheme Asset Attachment
  • Rule Nisi Confirmation
  • Costs Award
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Banking And Finance [2015] ZAGPPHC 984

Kruger v Mothapo and Another (82907/2014)

Kruger v Mothapo and Another (82907/2014) [2015] ZAGPPHC 984 (11 December 2015)

Court
North Gauteng High Court, Pretoria
Case number
82907/2014
Judge
Nowosenetz L

The court held that the applicant, as repayment administrator under the Banks Act, was entitled to recover and take possession of the first respondent's assets pursuant to the Registrar's directive, which is presumed valid until set aside. The application was properly brought ex parte and in camera due to the risk of asset dissipation. The respondents' points in limine regarding jurisdiction, itemization of claims, and prescription were rejected as misconceived and not supported by the Banks Act. The challenge to the Registrar's finding was not properly before the court and could only be addr…

Source excerpt

  • Banks Act Enforcement
  • Ex Parte Applications
  • Rule Nisi Confirmation
  • Administrative Decision Validity
  • Costs Of Two Counsel
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.