South Africa Case Law

Langlaagte Truck And Car CC v 8 Mile Investments 539 (Pty) Ltd and Others (2024/007632)

Langlaagte Truck And Car CC v 8 Mile Investments 539 (Pty) Ltd and Others (2024/007632) [2025] ZAGPJHC 254 (10 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/007632

Judge

PJ Du Plessis

The court found that the Applicant acted in good faith, purchasing the property at auction and complying with all required legal processes before the property became bona vacantia due to the deregistration of 8 Mile Investments. The only defect was an incorrect property description, which was later rectified by a subsequent court order and addendum. The court held that reinstatement under section 83(4) of the Companies Act must have automatic retrospective effect, validating all corporate activities and revesting assets, including the property in question. The Respondent's objections regardin…

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• Companies Act Reinstatement
• Bona Vacantia
• Property Transfer
• Retrospective Validation
• Sale In Execution

Degueldre v Companies and Intellectual Property Commission (A211/23)

Degueldre v Companies and Intellectual Property Commission (A211/23) [2024] ZAWCHC 222 (26 August 2024)

Court

Western Cape High Court, Cape Town

Case number

A211/23

Judges

Henney, Lekhuleni, Allie

The High Court held that the Minister of Finance had to be joined in a close-corporation reregistration application, but found the Western Cape court had jurisdiction.

• Reregistration Of Close Corporation
• Joinder Of Minister Of Finance
• Jurisdiction Of High Court
• Bona Vacantia
• Section 83 Companies Act
• Close-corporation-reregistration

Goosen v Minister of Trade and Industry and Others (EL 639/2024)

Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 (15 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 639/2024

Judge

Hartle

Urgent application to reinstate a deregistered close corporation was not finally granted; the court issued a rule nisi and required notice to interested parties.

• Reinstatement Of Deregistered Entity
• Section 83 Companies Act
• Urgent Interdict
• Bona Vacantia
• Counterclaim Prosecution
• Reinstatement-of-deregistered-entity

Chetty and Another v Nirvan Bhudai Properties (Pty) Ltd t/a Rawson Kyalami and Another (A3062/2022)

Chetty and Another v Nirvan Bhudai Properties (Pty) Ltd t/a Rawson Kyalami and Another (A3062/2022) [2023] ZAGPJHC 973 (28 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3062/2022

Judges

ML Senyatsi, Windell

High Court appeal over eviction and ownership of property sold by a deregistered close corporation; appeal dismissed and eviction confirmed.

• Eviction
• Bona Vacantia
• Company Deregistration
• Retrospective Reinstatement
• Just And Equitable Eviction
• Prevention Of Illegal Eviction Act

Matjhabeng Local Municipality v McDonald and Others (4075/2020; 4077/2020; 4078/2020)

Matjhabeng Local Municipality v McDonald and Others (4075/2020; 4077/2020; 4078/2020) [2021] ZAFSHC 34; 2021 (5) SA 254 (FB) (19 February 2021)

Court

Free State High Court, Bloemfontein

Case number

4075/2020; 4077/2020; 4078/2020

Judge

Daffue

The court held that the common law principle of bona vacantia remains unchanged by the Constitution or municipal legislation. Upon deregistration of a company, its immovable property does not vest in the municipality but automatically vests in the State. The applicant failed to establish that it acquired ownership or the right to ownership of the properties. The Constitution does not alter the common law in this regard, and the court declined to develop the law as requested, finding that such a fundamental change is the prerogative of the Legislature. The applicant's claims for declaratory re…

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• Bona Vacantia
• Deregistration Of Companies
• Municipal Powers
• Rates And Taxes
• Development Of Common Law
• State Land Ownership

Cholla (Pty) Limited formerly Dukathole Steenkamp CC t/a Dukathole Brickworks v Between Us Trading Enterprise and Another (265/2018)

Cholla (Pty) Limited formerly Dukathole Steenkamp CC t/a Dukathole Brickworks v Between Us Trading Enterprise and Another (265/2018) [2018] ZAECGHC 46 (29 May 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

265/2018

Judge

R E Griffiths

The court found that the applicant was entitled to confirmation of the interim interdict restoring electricity supply, as the second respondent had unlawfully disconnected the electricity and prevented access to the transformer. The order could not be made against the deregistered first respondent, as it no longer existed. The late payment of the R30,000 deposit was not a resolutive condition and did not cause the rule nisi to lapse. The deponent to the founding affidavit was authorized to launch the application, as evidenced by her role and subsequent resolution. The State did not have a dir…

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• Lease Agreement
• Interim Interdict
• Restoration Of Electricity
• Bona Vacantia
• Non Joinder
• Authority To Institute Proceedings

ZNK Investments CC v Luckytso Transport and Construction CC and Others (328/2016)

ZNK Investments CC v Luckytso Transport and Construction CC and Others (328/2016) [2017] ZASCA 20 (24 March 2017)

Court

Supreme Court of Appeal

Case number

328/2016

Judges

Maya, Theron, Van der Merwe, Gorven, Coppin

The Supreme Court of Appeal held that reinstatement of a close corporation under section 82(4) of the Companies Act operates automatically and retrospectively, revesting the property in the corporation and validating all corporate activities conducted during deregistration, including the sale in execution. The respondents did not make a case for amelioration under section 83(4), nor did they allege ignorance of the deregistration or a defence against the creditor's claim. The precedent in ABSA Bank Ltd v CIPC is no longer good law following the decision in Newlands Surgical Clinic. Accordingl…

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• Deregistration Of Close Corporation
• Retrospective Reinstatement
• Sale In Execution
• Bona Vacantia
• Validation Of Corporate Acts

Harbour Terrace Body Corporate v Minister of Public Works and Others (2556/2016)

Harbour Terrace Body Corporate v Minister of Public Works and Others (2556/2016) [2016] ZAWCHC 87; [2016] 3 All SA 766 (WCC); 2025 (1) SA 191 (WCC) (8 July 2016)

Court

Western Cape High Court, Cape Town

Case number

2556/2016

Judge

Sher

Section 48 of the Sectional Titles Act does not empower either the body corporate or the court to declare an individual section within a sectional title scheme as deemed destroyed; the provision applies only to buildings as a whole. Even if the section could be notionally destroyed, the applicant failed to comply with statutory requirements, including obtaining written consent from the State as the owner (following deregistration of the developer), and from all holders of registered sectional mortgage bonds and real rights. The purported resolution by the owners was insufficient, as the State…

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• Sectional Titles Act
• Deemed Destruction
• Unanimous Resolution
• Expropriation
• Bona Vacantia
• Constitutional Property Rights

Body Corporate Georgian Terrace v Sananga Business Enterprise CC and Others (69125/2014)

Body Corporate Georgian Terrace v Sananga Business Enterprise CC and Others (69125/2014) [2015] ZAGPPHC 626 (21 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

69125/2014

Judge

C Pretorius

The court held that reinstatement of the deregistered close corporation under section 83(4) of the Companies Act operates retrospectively, validating all corporate acts performed during the period of deregistration, including the sale in execution of the property. The distinction between 'dissolved' and 'deregistered' is immaterial, and the statutory scheme allows for retrospective effect where it is just and equitable. The applicant demonstrated that failure to grant retrospective effect would result in severe prejudice, as the property would vest in the state and the applicant would be unab…

Source excerpt

• Deregistration Of Close Corporation
• Retrospective Reinstatement
• Sale In Execution
• Bona Vacantia
• Validation Of Corporate Acts

Luckytso Transport and Construction CC and Another v Absa Bank Limited and Others (15438/2014)

Luckytso Transport and Construction CC and Another v Absa Bank Limited and Others (15438/2014) [2015] ZAGPPHC 29 (30 January 2015)

Court

North Gauteng High Court, Pretoria

Case number

15438/2014

Judge

N.M. Mavundla

The court reinstated a deregistered close corporation and set aside a sale in execution conducted after deregistration, holding the sale was invalid.

• Company Deregistration
• Bona Vacantia
• Sale In Execution
• Reinstatement Of Company
• Locus Standi
• Company-deregistration