South Africa Case Law

Richards and Others v Rabie and Others (11872/2022)

Richards and Others v Rabie and Others (11872/2022) [2024] ZAWCHC 408; [2025] 1 All SA 487 (WCC) (2 December 2024)

Court

Western Cape High Court, Cape Town

Case number

11872/2022

Judge

A Bhoopchand

The Court found that the Board meetings held on 22 June 2022 and 16 November 2022 were invalid because the Board was not properly constituted under clause 8.2 of the 2017 Constitution, which requires at least two spiritual leaders from KCI-UK. The orders of Willie J did not override this constitutional requirement; they merely declared the identity of Board members at specific dates and did not alter the qualification criteria. The Board had a duty to appoint a further spiritual leader from KCI-UK before conducting any business or amending the constitution. The amendments adopted at the inval…

Source excerpt

• Voluntary Association Governance
• Board Composition
• Constitutional Interpretation
• Invalid Meeting
• Appointment Of Board Members

Mabenge v Meals on Wheels Community Services South Africa (MOWCS-SA) and Others (6481/2023)

Mabenge v Meals on Wheels Community Services South Africa (MOWCS-SA) and Others (6481/2023) [2024] ZAFSHC 377 (13 November 2024)

Court

Free State High Court, Bloemfontein

Case number

6481/2023

Judge

PJ Loubser

The High Court held the dispute over board composition and the applicant’s suspension was moot after the parties agreed to CCMA disciplinary proceedings.

• Board Composition
• Ultra Vires Decisions
• Non Profit Governance
• Disciplinary Proceedings
• Costs Order
• Abandonment Of Relief

Parshotam v Divine Life Society of South Africa and Others (D791/2021)

Parshotam v Divine Life Society of South Africa and Others (D791/2021) [2023] ZAKZDHC 100 (22 December 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D791/2021

Judge

Sibiya

High Court review of a religious society’s disciplinary expulsion succeeded because the Board was improperly constituted; declaratory relief was refused.

• Judicial Review Of Voluntary Association
• Natural Justice Exclusion
• Disciplinary Procedure
• Constitution Interpretation
• Board Composition
• Eviction Counter Application

Richards and Another v Rabie and Others (5330 / 2021)

Richards and Another v Rabie and Others (5330 / 2021) [2022] ZAWCHC 192 (30 September 2022)

Court

Western Cape High Court, Cape Town

Case number

5330 / 2021

Judge

E D Wille

The High Court clarified its prior order on church board membership, confirming that only the first applicant and the respondents were board members on the relevant dates.

• Board Composition
• Non Profit Governance
• Interdictory Relief
• Procedural Fairness
• Board-composition
• Non-profit-governance

Mosima and Another v Minister of Defence and Military and Others (21026/22)

Mosima and Another v Minister of Defence and Military and Others (21026/22) [2022] ZAGPPHC 270 (28 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

21026/22

Judge

E van der Schyff

The court found that the applicants demonstrated a prima facie right to just administrative action, as the decision to increase contributions directly affects their salaries and was taken by a Board whose constitution and authority are disputed. The respondents failed to provide evidence that the Board was properly constituted in accordance with regulation 19, particularly regarding union representation and nomination processes. The urgency of the matter was established due to the imminent financial impact on members and the potential harm to the Fund if the decision is later found invalid. T…

Source excerpt

• Interim Interdict
• Just Administrative Action
• Ultra Vires Decision
• Board Composition
• Exhaustion Of Internal Remedies

Mosima and Another v Minister of Defence and Military Veterans and Others (21026/22)

Mosima and Another v Minister of Defence and Military Veterans and Others (21026/22) [2022] ZAGPPHC 293 (28 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

21026/22

Judge

E van der Schyff

The High Court granted interim relief stopping a contribution increase to the Regular Force Medical Continuation Fund pending review proceedings.

• Interim Interdict
• Ultra Vires Decision
• Board Composition
• Exhaustion Of Internal Remedies
• Just Administrative Action
• Interim-interdict

Sithole v Naude and Others; Ntiwane v Naude and Others (714/2021; 715/2021)

Sithole v Naude and Others; Ntiwane v Naude and Others (714/2021; 715/2021) [2021] ZAMPMBHC 58 (29 November 2021)

Court

Mbombela High Court, Mpumalanga

Case number

714/2021; 715/2021

Judge

Roelofse

The court found that the removal of the applicants as directors was effected by the shareholder, Mawewe Communal Property Association, but the procedure prescribed by section 71(2) of the Companies Act was not followed. Specifically, the applicants were not given proper notice of the meeting and resolution, nor were they afforded a reasonable opportunity to make representations before the resolution was put to a vote. Section 71(1) and (2) of the Companies Act override any contrary provisions in the Memorandum of Incorporation or Shareholders' Agreement. As a result, the removal was unlawful…

Source excerpt

• Removal Of Directors
• Shareholders Rights
• Companies Act Compliance
• Board Composition
• Unlawful Suspension

Barenbrug v Matjee and Others; Suter v Barenbrug and Others (2021/17568; 23794/2021)

Barenbrug v Matjee and Others; Suter v Barenbrug and Others (2021/17568; 23794/2021) [2021] ZAGPJHC 606 (22 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/17568; 23794/2021

Judge

Siwendu

The court set aside the appointment of a director and the removal of another director of Metsi Projects, but refused to cancel the shareholders’ agreement.

• Shareholders Agreement
• Removal Of Director
• Board Composition
• Company Law
• Fiduciary Duties
• Urgent Interdict

Municipal Workers' Retirement Fund v Financial Sector Conduct Authority and Another (1094/2018)

Municipal Workers' Retirement Fund v Financial Sector Conduct Authority and Another (1094/2018) [2020] ZAGPPHC 68 (3 March 2020)

Court

North Gauteng High Court, Pretoria

Case number

1094/2018

Judge

A C Basson

The court held that the fund’s indirect election system complied with section 7A(1) of the Pension Funds Act and granted declaratory relief.

• Pension Funds Act
• Board Composition
• Exemption From Statutory Requirements
• Declaratory Relief
• Pension-funds-act
• Board-composition

Accenture (South Africa) Proprietary Limited and Others v Competition Commission (SM154Oct15)

Accenture (South Africa) Proprietary Limited and Others v Competition Commission (SM154Oct15) [2016] ZACT 18 (27 January 2016)

Court

Competition Tribunal

Case number

SM154Oct15

Judges

N Manoim, A Roskam, A Ndoni

The Competition Tribunal approved a merger subject to revised conditions agreed by the parties and the Commission to address information-exchange concerns.

• Merger Control
• Information Exchange
• Chinese Walls
• Board Composition
• Merger-control
• Information-exchange