South Africa Case Law

Member of the Executive Council for the Department of Community Safety and Transport Management of the North-West Provincial Government v Samons N.O and Others (Leave to Appeal) (039123/24)

Member of the Executive Council for the Department of Community Safety and Transport Management of the North-West Provincial Government v Samons N.O and Others (Leave to Appeal) (039123/24) [2025] ZAGPPHC 320 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

039123/24

Judge

H Kooverjie

The High Court refused leave to appeal against removal of a business rescue practitioner and granted urgent execution under section 18(3).

• Business Rescue Practitioner Removal
• Section 139 Companies Act
• Section 18 Superior Courts Act
• Costs Order
• Pfma Compliance
• Exceptional Circumstances

Member of the Executive Council for the Department of Community Safety and Transport Management of the North West Provincial Government v Samons N.O and Others (039123/24)

Member of the Executive Council for the Department of Community Safety and Transport Management of the North West Provincial Government v Samons N.O and Others (039123/24) [2024] ZAGPPHC 1236 (21 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

039123/24

Judge

H Kooverjie

The court found that the business rescue practitioner, Mr Samons, was incompetent and failed to perform his statutory duties with the required degree of care. He did not publish business rescue plans or annual financial statements timeously, failed to verify creditor claims independently, and did not prioritize employee salaries as required by the Companies Act. The BRP also failed to comply with the PFMA and Treasury Regulations, did not keep the MEC informed, and entered into agreements without necessary approvals. The court held that these failures caused actual prejudice to the NTI compan…

Source excerpt

• Business Rescue Practitioner Removal
• Companies Act Section 139
• Public Finance Management Act
• Creditor Claim Verification
• Employee Salary Priority
• Costs Award

Matebesi and Another v Naicker and Others (2024-041410)

Matebesi and Another v Naicker and Others (2024-041410) [2024] ZAGPJHC 424 (3 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-041410

Judge

Moorcroft

The court found that the first respondent failed to perform her statutory duties as business rescue practitioner, including failing to deliver required reports, prepare a business rescue plan, and communicate with affected parties. Her licence to act as business rescue practitioner was suspended and revoked by the CIPC, which statutorily disqualified her from continuing in office. The first respondent did not provide any substantive response to the allegations or justification for remaining in office. The court held that removal is mandatory under section 139(2) and section 138(1) of the Comp…

Source excerpt

• Business Rescue Practitioner Removal
• Companies Act Section 139
• Failure To Perform Duties
• Revocation Of Licence
• Punitive Costs
• Appointment Of New Practitioner

Naude N.O. and Another v Louis Pasteur Medical Investments Ltd and Others (51476/2021)

Naude N.O. and Another v Louis Pasteur Medical Investments Ltd and Others (51476/2021) [2022] ZAGPPHC 800 (24 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

51476/2021

Judge

S Potterill

The court granted condonation, found LPMI’s attorneys lacked authority, removed Mr Naidoo as co-business rescue practitioner, and dismissed the counter-application.

• Business Rescue Practitioner Removal
• Authority Of Attorneys
• Condonation For Late Filing
• Board Resolution Validity
• Business-rescue-practitioner-removal
• Authority-of-attorneys

Carmody v Kudumela N.O. and Another (2022/17204;2022/2448)

Carmody v Kudumela N.O. and Another (2022/17204;2022/2448) [2022] ZAGPJHC 591 (18 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/17204;2022/2448

Judge

S Yacoob

The court refused to remove a business rescue practitioner but converted Matsway Steel's business rescue into final liquidation after finding no credible rescue prospect.

• Business Rescue Practitioner Removal
• Conversion To Liquidation
• Companies Act Section 139
• Companies Act Section 141
• Creditor Rights
• Business-rescue