South Africa Case Law

Dinath and Another v Iginla and Another (079671/2023)

Dinath and Another v Iginla and Another (079671/2023) [2024] ZAGPPHC 1225 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

079671/2023

Judge

Nharmuravate

The court found that the payments made by Joshua Iginla Ministries NPC to purchase a farm in the First Respondent's name constituted a disposition without value under section 26 of the Insolvency Act. The funds originated from SNS, which operated an unlawful Ponzi scheme and was liquidated, making the payments to JIM NPC impeachable and due for repayment to SNS's liquidators. The Respondents failed to provide any evidence that JIM NPC was solvent at the time of the disposition or that value was received in exchange for the payments. The constitutional argument regarding freedom of religion wa…

Source excerpt

• Insolvency Act Section 26
• Disposition Without Value
• Liquidation Proceedings
• Collusive Transactions
• Church Donations
• Creditor Protection

Aon South Africa (Pty) Ltd v Van den Heever NO and Others (615/2016)

Aon South Africa (Pty) Ltd v Van den Heever NO and Others (615/2016) [2017] ZASCA 66; [2017] 3 All SA 365 (SCA); 2018 (6) SA 38 (SCA) (30 May 2017)

Court

Supreme Court of Appeal

Case number

615/2016

Judges

Navsa, Theron, Wallis, Petse, Zondi

The Supreme Court of Appeal upheld Aon’s res judicata defence, holding that issue estoppel barred claims A, B and C arising from the earlier liquidation litigation.

• Res Judicata
• Issue Estoppel
• Company Liquidation
• Undue Preference
• Collusive Transactions
• Insolvency Act Claims

Cronje NO and Others v Hillcrest Village (Pty) Ltd and Another (325/08)

Cronje NO and Others v Hillcrest Village (Pty) Ltd and Another (325/08) [2009] ZASCA 81; 2009 (6) SA 12 (SCA) ; [2009] 4 All SA 383 (SCA) (17 July 2009)

Court

Supreme Court of Appeal

Case number

325/08

Judges

Streicher, Lewis, Van Heerden, Griesel, Bosielo

The SCA held that, despite irregularities in WKP’s liquidation, the respondents lacked a sufficient interest and the application to void dissolution was dismissed.

• Company Dissolution
• Liquidation And Distribution Account
• Court Discretion
• Collusive Transactions
• Interest Of Members
• Reopening Of Account