South Africa Case Law

Piotrans (Pty) Ltd and Another v MMC of Transport COJ and Others (2023/037410)

Piotrans (Pty) Ltd and Another v MMC of Transport COJ and Others (2023/037410) [2023] ZAGPJHC 601 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/037410

Judge

Malungana

The court found that the applicants failed to establish urgency, as they were aware of the shareholders' meeting and the impending changes but delayed taking action. The relief sought was largely an afterthought, triggered by the respondents' opposing papers. The shareholders, holding a substantial majority of shares, lawfully exercised their rights under the Companies Act and the Memorandum of Incorporation to remove and appoint directors. The applicants, whose board was dissolved, lacked locus standi to bring proceedings on behalf of the first applicant. The complexity and volume of the pap…

Source excerpt

• Companies Act Section 71
• Memorandum Of Incorporation
• Urgent Interdict
• Locus Standi
• Board Removal
• Shareholder Resolution

South African Post Office Ltd v Mampeule (JS349/07)

South African Post Office Ltd v Mampeule (JS349/07) [2008] ZALC 163; (2009) 30 ILJ 664 (LC) ; [2009] 8 BLLR 792 (LC) (12 December 2008)

Court

Labour Court

Case number

JS349/07

Judge

Ngalwana AJ

The Labour Court held that automatic termination on removal from the board still amounted to a dismissal under the Labour Relations Act.

• Automatic Termination
• Dismissal Definition
• Protected Disclosure
• Executive Employment
• Board Removal
• Automatic-termination