South Africa Case Law

Motor Industry Bargaining Council v Suliman (JS2561/10, J29/14, J304/14)

Motor Industry Bargaining Council v Suliman (JS2561/10, J29/14, J304/14) [2015] ZALCJHB 165; (2015) 36 ILJ 2644 (LC) (29 May 2015)

Court

Labour Court Johannesburg

Case number

JS2561/10, J29/14, J304/14

Judge

O Mooki

The court found that the authorities cited by the applicant do not support the proposition that the Labour Court has jurisdiction to declare a member of a close corporation personally liable for its debts under section 64 of the Close Corporations Act. The court clarified that neither the Meyer nor the Esterhuizen decisions determined this issue, and that the applicant misconceived the basis for the dismissal of its applications. The court further held that the acceptance of 'windeed searches' as prima facie proof of deregistration was unsupported by authority. However, the court recognized t…

Source excerpt

• Close Corporations Act
• Personal Liability Of Members
• Jurisdiction Of Labour Court
• Civil Penalty
• Deregistration Of Corporation

Motor Industry Bargaining Council v Suliman (JS2561/10)

Motor Industry Bargaining Council v Suliman (JS2561/10) [2014] ZALCJHB 386; (2015) 36 ILJ 727 (LC) (10 October 2014)

Court

Labour Court Johannesburg

Case number

JS2561/10

Judge

O Mooki

The Labour Court dismissed applications seeking to hold former close corporation members personally liable under section 26(5) of the Close Corporations Act.

• Close Corporations Act Section 26 5
• Jurisdiction Of Labour Court
• Civil Penalty
• Declaratory Relief
• Labour-court-jurisdiction
• Close-corporations-act-section-26-5

Sage Wise 24 CC t/a Steel Doors and Frames v Chothia, Vulcania Reinforcing Company (Pty) Ltd v Chothia (1067/12, 1234/12)

Sage Wise 24 CC t/a Steel Doors and Frames v Chothia, Vulcania Reinforcing Company (Pty) Ltd v Chothia (1067/12, 1234/12) [2012] ZAECPEHC 41 (26 June 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1067/12, 1234/12

Judge

B C Hartle

The court refused summary judgment where the plaintiffs failed to plead the specific deregistration date needed to fix member liability under section 26(5).

• Close Corporations Act Liability
• Deregistration Of Corporation
• Summary Judgment
• Prescription
• Civil Penalty
• Summary-judgment