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South Africa decisions
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Makhubela v Khampepe and Others (2024-012921) [2024] ZAGPJHC 352 (10 April 2024)
The court upheld a non-joinder objection in a review of a recusal decision by a commission chairperson and joined SERI and ICF as respondents.
Fantom Operations Ltd v Avenant and Others - Reasons (13632/2023; 11479/2023) [2023] ZAWCHC 283 (15 November 2023)
The High Court set aside an ex parte order establishing a commission of enquiry after finding misrepresentation, non-disclosure, and lack of standing.
Prudential Authority of the South African Reserve Bank v Msiza and Another [2023] ZAGPPHC 313; A294/2021 (2 May 2023)
The High Court held that an investigative report on the VBS matter was not reviewable under PAJA, but was reviewable under legality because its adverse findings were irrational without audi.
Botha N.O and Others v Taljaard and Others (1094/2022;963/2021;964/2021;2436/2021) [2022] ZANCHC 83 (24 November 2022)
The High Court held that its earlier orders were not suspended by appeal, dismissed interlocutory challenges, and awarded costs against the respondents.
Matsepe N.O. and Another v Venter and Another (4901/2015) [2016] ZAFSHC 93 (21 April 2016)
The court found that the discharge of the provisional order for compulsory liquidation did not terminate the voluntary liquidation of Sebal Beleggings (EDMS) BPK, nor did it render the Daffue order a nullity. The status quo of voluntary liquidation was revived, and the applicants retained locus standi as liquidators. The Daffue order remained valid and operative, and the creditors' meeting held pursuant to it was lawful. The court further held that section 45 of the Insolvency Act was inadequate for the necessary investigation of creditor claims and that a commission of enquiry under section…
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Swart v Heine and Others (3754/2014) [2014] ZAGPPHC 1050 (25 September 2014)
The High Court dismissed an application to rescind an ex parte order allowing a company enquiry, holding the order was not erroneously granted.
Absa Bank Ltd and Another v Jooste NO and Others (3521/2012) [2013] ZAECPEHC 58 (19 November 2013)
High Court challenge to a commissioner’s summons in a liquidation enquiry dismissed; the court held the requested information was relevant and the summons was valid.
Firstrand Bank Ltd t/a Rand Merchant Bank and Another v Master of the High Court, Cape Town and Others (679/13) [2013] ZAWCHC 173; [2014] 1 All SA 489 (WCC); 2014 (2) SA 527 (WCC) (11 November 2013)
The court found that the Master’s decision to authorise a commission of enquiry under sections 417 and 418 of the Companies Act 61 of 1973 was reviewable under both PAJA and the legality principle. The applicants, as proven creditors, had a direct and material interest in the enquiry and were entitled to procedural fairness. The Trust’s attorney acted fraudulently by failing to disclose the meeting with the Master and by securing the authorisation in the absence of the applicants’ attorney, in breach of professional and ethical duties and a prior court agreement. The Master’s conduct, influen…
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Baloyi v National Commissioner of the South African Police Services-General Phiyega and Others (40732/13) [2013] ZAGPPHC 264 (16 August 2013)
The court held that while the applicant is entitled to legal representation funded by SAPS before the Marikana Commission of Enquiry, he is not entitled to a legal representative of his own choice at state expense. The Commission is an investigative body, and its regulations do not confer a right to state-funded legal representation of choice. The applicant's reliance on sections 9, 34, and 35 of the Constitution was misplaced, as these provisions do not guarantee the relief sought. Furthermore, the applicant failed to comply with the requirements of the Promotion of Administrative Justice Ac…
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Minister of Police and Others v Premier of the Western Cape and Others (21600/12) [2013] ZAWCHC 216 (14 January 2013)
The court found that the Premier of the Western Cape acted within her constitutional and statutory powers in establishing the commission of enquiry into police inefficiency and breakdown in relations in Khayelitsha. The Premier made repeated efforts to engage with the Provincial Commissioner, National Commissioner, and Minister, but received no substantive responses. The principle of co-operative governance was not violated, as the Premier's communications demonstrated good faith attempts at engagement. The commission's terms of reference were lawful, focused on systemic issues, and did not a…
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