Registrar of Banks v Sambo (6676/2017) [2017] ZAGPJHC 415 (13 November 2017)
Court
South Gauteng High Court, Johannesburg
Case number
6676/2017
Judge
Modiba
The High Court granted provisional sequestration of Sambo’s estate after finding he participated in an unlawful deposit-taking scheme and was insolvent.
Registrar of Banks v Sambo (6676/2017) [2017] ZAGPJHC 430 (13 November 2017)
Court
South Gauteng High Court, Johannesburg
Case number
6676/2017
Judge
L T Modiba
The High Court provisionally sequestrated Sambo’s estate after finding he failed to repay money obtained through an unlawful deposit-taking scheme and was insolvent.
Registrar of Banks v Khambule and Others (26009/2014) [2016] ZAGPJHC 318 (23 March 2016)
Court
South Gauteng High Court, Johannesburg
Case number
26009/2014
Judge
L Windell
The court found that the respondents operated a deposit-taking scheme constituting the business of a bank without registration, in contravention of section 11(1) of the Banks Act. The Registrar issued a valid directive under section 83(1) requiring repayment of unlawfully obtained funds, which the respondents failed to comply with. This failure constitutes an act of insolvency under section 83(3)(b). The final report of repayment administrators established that the respondents' liabilities far exceeded their assets, confirming factual insolvency. The constitutional challenge to section 84(1A)…