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South Africa decisions
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Ngonyama v Kwinana (2018/45883; 2019/40463; 2020/16341) [2025] ZAGPJHC 461 (6 May 2025)
High Court judgment on joinder, rescission, execution, and company-record access in a long-running shareholding dispute. Joinder and rescission were dismissed; section 161, section 26, and execution relief were granted.
D.M v D.M [2025] ZAGPJHC 31; [2025] 2 All SA 398 (GJ); 2025 (4) SA 183 (GJ) (28 January 2025)
The court held that section 7 of the Matrimonial Property Act requires a spouse to furnish full particulars of the value of their estate upon request, and this duty arises during divorce proceedings, not only upon dissolution of the marriage. However, the court retains a discretion to regulate its own process and may refuse to compel compliance with a section 7 notice if it is impractical, premature, or prejudicial. In this case, the respondent failed to demonstrate any compelling reason to resist disclosure, and no real prejudice would result from granting the application. The pending separa…
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Devine Property Development NPC and Another v Kgosihadi Trading and Projects CC and Others (2023/032999) [2025] ZAGPJHC 23 (17 January 2025)
On the undisputed facts, the property was purchased with funds contributed by members of the second applicant, and the first respondent was used solely as a temporary vehicle for registration. A verbal trust agreement existed, entitling the first applicant, upon its incorporation, to beneficial ownership and transfer of the property. The actions of the second and sixth respondents, including the purported sale of membership and attempts to frustrate transfer, were unlawful and opportunistic. The sixth respondent lacked locus standi, and his joinder was erroneously granted. The court found tha…
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Dimension Data Facilities (Pty) Ltd and Others v Identity Property CO (Pty) Ltd and Others (2022/040174) [2024] ZAGPJHC 1209; 2025 (2) SA 459 (GJ) (25 November 2024)
The High Court set aside a Dimension Data campus sale after finding undisclosed director conflicts and a scheme that secretly benefited six executives.
Company A (Pty) Ltd v Commissioner for the South African Revenue Service (IT 46204; VAT 22494) [2024] ZATC 14 (6 November 2024)
Tax Court dismissed Company A’s bid to separate issues in a tax appeal, finding the PRASA judgments did not by themselves dispose of the assessments.
Nyhonyha N O and Others v NDPP (972/2022; 973/2022; 974/2022) [2024] ZASCA 113; [2024] 3 All SA 706 (SCA); 2024 (2) SACR 358 (SCA) (16 July 2024)
The Supreme Court of Appeal held that the appellants, including family trusts and subsidiaries, hold realisable property on behalf of the defendants within the meaning of section 14(1) of POCA. The court found that the evidence established that Mr Nyhonyha and Mr Pillay exercised control over the assets of the trusts and subsidiaries, were the real beneficiaries, and treated the assets as their own. Substantial interest-free loans and control over shareholdings demonstrated that the trusts' assets were used for the defendants' benefit. The court rejected the narrow interpretation advanced by…
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Goscor Finance (Pty) Ltd v Mashara Investment Holdings (Pty) Ltd (20/32427) [2021] ZAGPJHC 838 (20 December 2021)
The court found that the applicant had established ownership or, at minimum, beneficial ownership of the leased equipment as contemplated by the lease agreement. The respondent's objections regarding jurisdiction were rejected because the lease agreement expressly conferred jurisdiction on the court, and the respondent had consented to this in the contract. The respondent's locus standi objection was dismissed as the respondent had accepted the applicant's ownership for the purposes of the lease and had taken delivery and used the equipment. The respondent's arguments regarding unlawful termi…
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Municipal Employees Pension Fund v ERF Bryanston (Pty) Ltd (LM098Oct21) [2021] ZACT 109 (15 December 2021)
The Competition Tribunal unconditionally approved MEPF’s acquisition of Nicol Way Shopping Centre from ERF Bryanston, finding no competition or public interest concerns.
Watson NO v Ngonyama and Another (453/2020) [2021] ZASCA 74; [2021] 3 All SA 412 (SCA); 2021 (5) SA 559 (SCA) (9 June 2021)
The SCA set aside an order restoring shares after finding non-joinder, unenforceability, and that the case was unsuitable for motion proceedings.
Ngonyama and Another v Ntsimbintle Holdings (Pty) Ltd and Others (21/5779) [2021] ZAGPJHC 31 (26 February 2021)
The High Court granted urgent interim relief preserving disputed dividends in an interest-bearing account pending final appeal outcomes.
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