South Africa Case Law

Crous v Wynberg Boys High School and Others (200/2024)

Crous v Wynberg Boys High School and Others (200/2024) [2025] ZASCA 107 (18 July 2025)

Court

Supreme Court of Appeal

Case number

200/2024

Judges

Makgoka, Weiner, Koen, Baartman, Tolmay

The Supreme Court of Appeal held that section 65 of the Close Corporations Act does not impose personal liability on members solely by virtue of their membership when gross abuse of juristic personality is established. Liability under section 65 requires that the member's conduct amounts to or contributes to the gross abuse. The appellant's uncontroverted evidence showed he was not involved in the fraudulent scheme conducted through the close corporation. The High Court erred in holding the appellant liable based only on his membership and in misapplying the fiduciary duty owed by members, wh…

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• Close Corporations Act
• Personal Liability Of Members
• Gross Abuse Of Juristic Personality
• Fiduciary Duty
• Piercing The Corporate Veil

Van Wyk v Venter NO and Others (Leave to Appeal) (21072/2019)

Van Wyk v Venter NO and Others (Leave to Appeal) (21072/2019) [2025] ZAWCHC 272 (26 June 2025)

Court

Western Cape High Court, Cape Town

Case number

21072/2019

Judge

Moosa

Leave to appeal was dismissed. The court held the plaintiff had not shown realistic prospects of success against absolution from the instance on enrichment and loan claims.

• Leave To Appeal Test
• Absolution From The Instance
• Enrichment Claim
• Loan Claim
• Close Corporations Act
• Costs Order

Monareng N.O v Ntuli and Others (2024/063283)

Monareng N.O v Ntuli and Others (2024/063283) [2025] ZAGPJHC 546 (4 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/063283

Judge

E Raubenheimer

The High Court dismissed an urgent application to set aside the respondents’ appointment as members of a close corporation, finding no fraud, no invalidity, and no urgency.

• Close Corporations Act
• Executor Powers
• Membership Transfer
• Urgent Relief
• Fraudulent Misrepresentation
• Close-corporations

Steyn and Another v Venter and Others (096/2024)

Steyn and Another v Venter and Others (096/2024) [2025] ZASCA 59 (14 May 2025)

Court

Supreme Court of Appeal

Case number

096/2024

Judges

Zondi, Weiner, Kathree-Setiloane, Keightley, Coppin

The Supreme Court of Appeal held that members of a close corporation collectively form its governing body for section 13(1)(e) prescription purposes and dismissed the appeal.

• Prescription Act
• Close Corporations Act
• Governing Body Definition
• Fiduciary Duties
• Internal Management
• Delayed Prescription

Air Liquide Large Industries (Pty) Ltd v Lemnotho Catering CC (2024/006165)

Air Liquide Large Industries (Pty) Ltd v Lemnotho Catering CC (2024/006165) [2025] ZAGPJHC 249 (7 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/006165

Judge

HA van der Merwe

The court held that in liquidation proceedings, which are status matters, jurisdiction is determined exclusively by section 7 of the Close Corporations Act. The applicant failed to provide admissible evidence that the respondent's registered office or principal place of business was within the court's jurisdiction at the time the application was served. Documents relied upon by the applicant, such as a summons from 2021, a return of service from 2023, and an agreement from 2018, did not establish the necessary jurisdictional facts as of 31 January 2024. The court rejected the argument that co…

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• Jurisdiction Of High Court
• Close Corporations Act
• Status Proceedings
• Proof Of Registered Office

Tiger Consumer Brands Limited v Sandragasan and Others (1955/2023P)

Tiger Consumer Brands Limited v Sandragasan and Others (1955/2023P) [2024] ZAKZPHC 99 (31 October 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1955/2023P

Judge

Mlaba

The court found that the plaintiff's amended particulars of claim, together with the overcharge schedule, identified the products, periods, amounts charged, and estimated overcharges with sufficient particularity. The defendants, being intimately involved in the transactions and industry, are able to reasonably assess the quantum and respond to the claim. The court distinguished this case from Boxer Superstores, noting that the plaintiff here provided more detail and specificity. The exceptions raised by the defendants were found to be repetitive and not sustainable, as the pleadings were not…

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• Contractual Damages
• Fraud And Corruption
• Reckless Trading
• Close Corporations Act
• Pleading Requirements
• Quantification Of Damages

Yokwe and Another v Moitlhwe and Others (M389.2022)

Yokwe and Another v Moitlhwe and Others (M389.2022) [2024] ZANWHC 260 (10 October 2024)

Court

North West High Court, Mafikeng

Case number

M389/2022

Judge

JT Djaje

The court declared the first applicant an unconditional 50% member of a close corporation, granted access and interdict relief, and dismissed a counter-application.

• Close Corporations Act
• Member Interest Dispute
• Profit Sharing Agreement
• Interdict
• Joinder
• Unfairly Prejudicial Conduct

Bergmann v Bergmann and Another (2022/042484)

Bergmann v Bergmann and Another (2022/042484) [2024] ZAGPJHC 854 (29 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/042484

Judge

WJ du Plessis

The High Court struck the application from the roll because the applicant failed to comply with court rules and the practice manual, and ordered costs on scale A.

• Close Corporations Act
• Removal Of Member
• Practice Manual Non Compliance
• Costs Order
• Practice-manual-non-compliance
• Costs-order

Firstrand Bank Limited v Adonis and Others (M169/2023)

Firstrand Bank Limited v Adonis and Others (M169/2023) [2024] ZANWHC 214 (21 August 2024)

Court

North West High Court, Mafikeng

Case number

M169/2023

Judge

FMM Reid

The High Court struck a bank’s suretyship payment application from the roll after one respondent died un-substituted and disputed facts could not be resolved on affidavit.

• Suretyship Liability
• Close Corporations Act
• Substitution Of Deceased Party
• Liquidation Proceedings
• Certificate Of Balance
• Suretyship

Scania Finance Southern Africa (Pty) Ltd v Lekgawutsane Close Corporation (A06/2024)

Scania Finance Southern Africa (Pty) Ltd v Lekgawutsane Close Corporation (A06/2024) [2024] ZAMPMBHC 54 (14 August 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A06/2024

Judges

Mazibuko, Mashile, Oosthuizen-Senekal

Appeal against refusal of provisional liquidation upheld; the court found a prima facie case on unpaid lease debts and granted provisional winding up.

• Provisional Liquidation
• Close Corporations Act
• Prima Facie Case
• Commercial Insolvency
• Provisional-liquidation
• Close-corporations-act