South Africa Case Law

Fairview Golf Estate Home Owners' Association v Feng (7745/2024)

Fairview Golf Estate Home Owners' Association v Feng (7745/2024) [2024] ZAWCHC 339; [2025] 1 All SA 331 (WCC) (29 October 2024)

Court

Western Cape High Court, Cape Town

Case number

7745/2024

Judge

D.P Borgström

The Court found that the HOA had established its authority to institute proceedings through valid Board resolutions, and Mr Grimson was properly authorised. The respondent’s interlocutory application under Rule 7(1) was dismissed as it sought documents beyond the scope of the Rule and failed to raise a direct challenge to the Board’s resolutions. The Court held that service of the founding papers was sufficient, as Mr Feng received and understood the documents and suffered no prejudice. The Deputy Sheriff’s return was accepted as prima facie evidence of an act of insolvency under section 8(b)…

Source excerpt

• Provisional Sequestration
• Act Of Insolvency
• Home Owners Association
• Board Authority
• Service Of Process
• Advantage To Creditors

Spectrum-Alert ITS (Pty) Ltd and Others v ABSA Bank Limited and Others (108/2023)

Spectrum-Alert ITS (Pty) Ltd and Others v ABSA Bank Limited and Others (108/2023) [2023] ZAECQBHC 21 (31 March 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

108/2023

Judge

Bands

The High Court held that a disputed shareholders meeting was invalid, set aside the director changes, granted interdictory relief, and dismissed a counter-application and intervention.

• Company Directorship Dispute
• Shareholders Meeting Validity
• Urgent Interdict
• Board Authority
• Joinder And Intervention
• Company-directorship-dispute

Hacker v Hartmann and Others (1415/2017)

Hacker v Hartmann and Others (1415/2017) [2019] ZAECPEHC 22 (10 April 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1415/2017

Judge

Majiki

High Court case on delinquent-director relief, section 45 financial assistance, and striking-out of scandalous affidavit material.

• Delinquent Director
• Financial Assistance
• Companies Act Section 45
• Derivative Action
• Board Authority
• Striking Out Scandalous Matter

Maroga v Eskom Holdings Ltd and Others (A5021/11)

Maroga v Eskom Holdings Ltd and Others (A5021/11) [2011] ZAGPJHC 171 (16 November 2011)

Court

South Gauteng High Court, Johannesburg

Case number

A5021/11

Judges

P.A. Meyer, G.M. Makhanya, P. Coppin

The High Court dismissed Mr Maroga’s appeal, holding that he had clearly and unconditionally offered to resign as Eskom CEO and that the Board could accept it.

• Termination Of Employment
• Resignation
• Board Authority
• Specific Performance
• Constitutional Review
• Termination-of-employment