South Africa Case Law

Tegeta Exploration and Resources (Pty) Ltd v National Director of Public Prosecutions and Others (62604/2021; 62601/2021)

Tegeta Exploration and Resources (Pty) Ltd v National Director of Public Prosecutions and Others (62604/2021; 62601/2021) [2023] ZAGPPHC 2037 (11 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

62604/2021; 62601/2021

Judge

Phooko

The court held that during business rescue proceedings, the business rescue practitioners have exclusive authority to manage the company and to institute or defend legal proceedings on its behalf. The board of directors retains certain governance functions but cannot act independently in litigation concerning company property without the express approval of the BRPs. Any attempt by the board or its members to represent the company in such proceedings, without BRP consent, is void. The applicant, Ms Ragavan, failed to obtain the necessary approval from the BRPs and thus lacked locus standi to…

Source excerpt

• Business Rescue
• Locus Standi
• Forfeiture Order
• Companies Act Section 140
• Rule 7 Notice

Ragavan and Others v Klopper N.O. and Others (12897/2018)

Ragavan and Others v Klopper N.O. and Others (12897/2018) [2018] ZAGPJHC 137 (3 May 2018)

Court

South Gauteng High Court, Johannesburg

Case number

12897/2018

Judges

Tsoka, Weiner, Teffo

Urgent appeal under section 18 of the Superior Courts Act concerning access to business rescue premises and execution of an earlier order was refused.

• Business Rescue
• Section 18 Superior Courts Act
• Irreparable Harm
• Exceptional Circumstances
• Non Joinder
• Companies Act Section 140