South Africa Case Law

Wait v Marais and Others (1707/2021)

Wait v Marais and Others (1707/2021) [2022] ZAECQBHC 41 (1 November 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

1707/2021

Judge

Potgieter

The court found that the respondents breached their duty under section 71(4)(a) of the Companies Act by failing to provide the applicant with the requested documents and information necessary to prepare a response to the proposed resolution for his removal. The reasons given for removal were vague, general, and lacked sufficient specificity, falling short of statutory requirements. The applicant was entitled to receive relevant information from the board, and the respondents' failure rendered the board's determination fatally flawed. The court held that the review under section 71(5) is a wid…

Source excerpt

• Removal Of Director
• Companies Act Section 71
• Procedural Fairness
• Board Resolution
• Corporate Governance

trustees for the time being of the Gamsy Family Trust and Others v Mine Restoration Investments Ltd and Others (20/18130)

trustees for the time being of the Gamsy Family Trust and Others v Mine Restoration Investments Ltd and Others (20/18130) [2020] ZAGPJHC 356 (13 August 2020)

Court

South Gauteng High Court, Johannesburg

Case number

20/18130

Judge

U Bhoola

The High Court set aside a business rescue resolution because the notice to affected persons was published too late, rendering the resolution a nullity.

• Business Rescue
• Companies Act Section 129
• Financial Distress
• Urgent Application
• Board Resolution
• Procedural Compliance

Ebersohn and Another v Golden Dividend 35 (Pty) Ltd (8886/2018)

Ebersohn and Another v Golden Dividend 35 (Pty) Ltd (8886/2018) [2019] ZAGPPHC 555 (1 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

8886/2018

Judge

Swanepoel

The court separated authority issues from the merits in a dispute over whether the respondent’s directors authorised the defence and the appointment of attorneys.

• Separation Of Issues
• Board Resolution
• Authority Of Attorney
• Companies Act
• Power Of Attorney
• Separation-of-issues

Lindeque and Others v Hirsch and Others, In Re: Prepaid24 (Pty) Limited (2019/8846)

Lindeque and Others v Hirsch and Others, In Re: Prepaid24 (Pty) Limited (2019/8846) [2019] ZAGPJHC 122 (3 May 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/8846

Judge

LR Adams

Urgent interim interdict application struck from the roll for self-created urgency after delay in challenging notice terminating a service agreement.

• Urgent Interdict
• Self Created Urgency
• Board Resolution
• Service Level Agreement Termination
• Director Conflict Of Interest
• Urgent-interdict

Chris Hani Baragwanath Academic Hospital Board v Soul Food Services and Others (2016/2532)

Chris Hani Baragwanath Academic Hospital Board v Soul Food Services and Others (2016/2532) [2016] ZAGPJHC 320 (23 November 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2016/2532

Judge

M Olivier

An eviction application was dismissed because the applicant failed to prove locus standi and authority for its chairperson to launch the case.

• Locus Standi
• Proof Of Authority
• Eviction
• Lease Agreement
• Board Resolution
• Locus-standi

Cullinan Holdings Limited v Lezmin 2768 CC (51762/2016)

Cullinan Holdings Limited v Lezmin 2768 CC (51762/2016) [2016] ZAGPPHC 758 (26 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

51762/2016

Judge

Ranchod

The applicant failed to provide sufficient evidence that the board of directors authorised the institution of the present proceedings. The only evidence presented was a certified extract of the board minutes signed by the deponent, without a copy of the resolution signed by the directors. The respondent's challenge to the authority was not met with adequate proof. The court distinguished the ANC Umvoti case, noting that the challenge here was not under Rule 7(1) but concerned substantive authority under section 66 of the Companies Act. As a result, the applicant did not discharge the onus to…

Source excerpt

• Authority To Institute Proceedings
• Companies Act Section 66
• Board Resolution
• Power Of Attorney