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South Africa decisions
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Cowan and Others v Norton and Others (2024/090281) [2025] ZAGPJHC 358 (25 March 2025)
The court dismissed an application over PAC’s shareholding dispute, holding FPS was not a shareholder and had no voting rights to block director changes.
Basson and Another v Pentagon Financial Solutions (Pretoria) (Pty) Ltd and Another (13917/20) [2022] ZAWCHC 45 (14 February 2022)
The court found that the Applicants remain the registered shareholders and owners of their shares in the Respondent companies, as no transfer has been entered in the companies' certificated security registers. The settlement agreement relied upon by the Respondents was rescinded by the Applicants due to fraud, rendering it void from inception. Accordingly, the Applicants retain their beneficial interest and statutory rights under sections 26 and 31 of the Companies Act to access company records. The Trust is properly before the court, as the remaining trustees acted unanimously and the resign…
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Clicks Group Ltd and Others v Independent Community Pharmacy Association and Others (644/2020) [2021] ZASCA 167; [2022] 1 All SA 297 (SCA) (3 December 2021)
The majority held that the Clicks Group's corporate structure does not contravene regulation 6(d) of the Regulations relating to Ownership and Licensing of Pharmacies. The court found that the concept of 'beneficial interest' does not extend to shareholders in the context of South African law, as company assets are distinct from shareholder interests. The Director-General and Appeal Committee acted lawfully in dismissing the complaint, as the jurisdictional requirements for revocation of licences were not met and no evidence was adduced of actual conflict of interest or harm to patients. The…
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Independent Community Pharmacy Association v Minister of Health and Others (11647/18) [2020] ZAWCHC 47 (3 June 2020)
The High Court reviewed and set aside administrative decisions finding no pharmacy-law breach, held the Clicks corporate structure contravened Regulation 6, and remitted sanction.
Von Siebel and Others v Accentuate Limited and Others (47008/13) [2015] ZAGPJHC 99 (13 March 2015)
The High Court held that the applicants’ votes at the AGM were lawfully excluded under the Companies Act, and dismissed the application with costs.
EBN Trading (Pty) Ltd v Commissioner for Customs and Excise and Another (653/98) [2001] ZASCA 6; [2001] 3 All SA 117 (A); 2001 (2) SA 1210 (SCA) (2 March 2001)
The Supreme Court of Appeal held that EBN Trading was an importer under the Customs and Excise Act because it had a beneficial interest in the goods.
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