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South Africa Case Law

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Commercial And Corporate [2023] ZAGPPHC 2016

Nexus Forensic Services (Pty) Ltd and Others v Whittles (113228/2023)

Nexus Forensic Services (Pty) Ltd and Others v Whittles (113228/2023) [2023] ZAGPPHC 2016 (4 December 2023)

The High Court struck an urgent application to compel a share transfer, finding no urgency because the respondent’s continued shareholding preserved the company’s BEE status.

  • Shareholder Exit Agreement
  • Bee Compliance
  • Urgency In Motion Proceedings
  • Abuse Of Process
  • Urgency-in-motion-proceedings
  • Shareholder-exit-agreement
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Competition Law [2022] ZACT 104

Hapag-Lloyd Aktiengesellschaft v DAL Deutsche Africa-Linien GmbH & Co. KG (LM199Mar22)

Hapag-Lloyd Aktiengesellschaft v DAL Deutsche Africa-Linien GmbH & Co. KG (LM199Mar22) [2022] ZACT 104 (24 May 2022)

The Competition Tribunal conditionally approved Hapag-Lloyd’s acquisition of DAL’s liner and agency business, imposing a 36-month no-retrenchment condition.

  • Large Merger
  • Horizontal Overlap
  • Public Interest
  • Bee Compliance
  • Employment Protection
  • Large-merger
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Commercial And Corporate [2015] ZAECGHC 83

De Jager N.O and Another v Armaments Corporation of South Africa Limited t/a ARMSCOR (3113/2013)

De Jager N.O and Another v Armaments Corporation of South Africa Limited t/a ARMSCOR (3113/2013) [2015] ZAECGHC 83 (1 September 2015)

The High Court granted liquidators payment for partially completed work and spares, and held Armscor could not withhold 10% for BEE non-compliance.

  • Liquidation
  • Executory Contracts
  • Bee Compliance
  • Contractual Damages
  • Interest On Judgment
  • Costs Of Suit
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Land And Property [2015] ZASCA 82

Minister of Mineral Resources and Others v Mawetse (SA) Mining Corporation (Pty) Ltd (20069/14)

Minister of Mineral Resources and Others v Mawetse (SA) Mining Corporation (Pty) Ltd (20069/14) [2015] ZASCA 82; [2015] 3 All SA 408 (SCA); 2016 (1) SA 306 (SCA) (28 May 2015)

The Supreme Court of Appeal held that the Minister's delegate lawfully attached BEE compliance as a condition to the grant of the prospecting right to Dilokong Chrome Mine (Pty) Ltd, in accordance with section 17(4) of the MPRDA. Dilokong acknowledged the request and attempted, unsuccessfully, to comply. The grant of the prospecting right was conditional, and absent compliance, the Department of Mineral Resources was entitled to refuse execution of the right. The period of the right's duration must be computed from the date Dilokong was notified of the grant (18 July 2007), not from execution…

  • Prospecting Rights
  • Bee Compliance
  • Mineral And Petroleum Resources Development Act
  • Mining Charter
  • Administrative Action
  • Expiry Of Rights
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Competition Law [2007] ZACT 40

Royal Bafokeng Capital (Pty) Ltd and Yomhlaba Resources Limited (29/LM/Mar07)

Royal Bafokeng Capital (Pty) Ltd and Yomhlaba Resources Limited (29/LM/Mar07) [2007] ZACT 40 (7 June 2007)

The Tribunal unconditionally approved Royal Bafokeng Capital’s merger with Yomhlaba Resources, finding no competition overlap or public interest concerns.

  • Merger Control
  • Public Interest
  • Bee Compliance
  • Coal Mining Sector
  • Merger-control
  • Competition-law
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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.