South Africa Case Law

JBSA Props (Pty) Ltd and Another v Commissioner for the South African Revenue Services and Others (5009/2023P)

JBSA Props (Pty) Ltd and Another v Commissioner for the South African Revenue Services and Others (5009/2023P) [2025] ZAKZPHC 3; 2025 (3) SA 510 (KZP) (10 January 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5009/2023P

Judge

Olsen

The court held that section 154(1) of the Companies Act requires a creditor to accede to the compromise of a post-commencement debt for it to be discharged under a business rescue plan. SARS did not accede to the compromise of its post-commencement VAT claim, either by overt act or written agreement, nor did it participate in the formulation or approval of the plan. The statutory process for compromising a tax debt under the Tax Administration Act was not followed. The absence of SARS from the creditors' meeting did not amount to acquiescence or consent. Accordingly, the business rescue plan…

Source excerpt

• Business Rescue
• Compromise Of Tax Debt
• Vat Liability
• Companies Act Section 152
• Companies Act Section 154
• Tax Administration Act Section 179

Arqomanzi Proprietary Limited v Vantage Goldfields Proprietary Limited and Others (Reasons) (549/2021)

Arqomanzi Proprietary Limited v Vantage Goldfields Proprietary Limited and Others (Reasons) (549/2021) [2021] ZAMPMBHC 64 (28 August 2021)

Court

Mbombela High Court, Mpumalanga

Case number

549/2021

Judge

Grelying-Coetzer AJ

The High Court held that business rescue practitioners could not unilaterally amend adopted business rescue plans and granted interim relief by rule nisi.

• Business Rescue
• Companies Act Section 152
• Joinder Of Parties
• Interim Interdict
• Creditors Rights
• Business-rescue