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South Africa decisions
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Leleu N.O and Another v Numacon (Pty) Limited and Others (19065/2024) [2025] ZAWCHC 192 (5 May 2025)
The High Court set aside a valuation insofar as it applied unauthorized discounts in a compulsory share buyout, holding the valuer exceeded his mandate.
Trustees for the Time Being of the Kromrivier Trust v Trustees for the Time Being of the Hartwig Family Trust and Others (16514/2023) [2025] ZAWCHC 19 (29 January 2025)
The High Court granted limited relief over company records, dismissed section 163 oppression claims, and found the director’s removal invalid but allowed meetings to be reconvened.
Pt Paint and Palel (Pty) Ltd and Another v Verios and Others (2024-084378) [2024] ZAGPJHC 1197 (21 November 2024)
The court found that the third respondent was entitled to perfect the pledge of shares in the first applicant without a court order, as the suretyship agreement expressly authorised such action. The second applicant's failure to pay the purchase price and monthly instalments constituted a breach, triggering the third respondent's rights under the agreement. The applicants did not establish that the perfection of the pledge was unlawful or that their rights were prejudiced. No case was made out for urgency or interim relief under Part A. The application was dismissed, and costs were awarded ag…
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Golden v Quantum Foods Holdings Limited and Others (14827/2024) [2024] ZAWCHC 364 (7 November 2024)
The court held that clause 29.3.2.1 of the first respondent's Memorandum of Incorporation, which allowed for the removal of a director by majority of the board without notice, reasons, or an opportunity to make representations, is contrary to public policy and invalid. The Companies Act, particularly sections 71(3) and (4), requires procedural safeguards for the removal of directors, including notice and a reasonable opportunity to respond. The procedure adopted by the respondents breached principles of natural justice and failed to meet constitutional standards of fairness, reasonableness, a…
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Lebra Development (Pty) Ltd and Others v Bester and Others (A154/2022) [2024] ZAGPPHC 1087 (21 October 2024)
The High Court refused to reinstate a lapsed appeal, finding the delay explanation unreasonable, the Directive argument unsustainable, and no prospect of success.
Briers and Another v Dr J Bruwer and Assoc. NO. 78 Inc. and Others (19726/2023) [2024] ZAWCHC 145 (30 May 2024)
The High Court granted the first applicant leave to amend his motion in a section 163 companies dispute, but refused the second applicant’s amendment for lack of standing.
Richman v FRM Property Investments (Pty) Ltd and Others (2022/972) [2024] ZAGPJHC 270 (14 March 2024)
The court refused to wind up a solvent quasi-partnership company, but granted section 163 relief by ordering restated financials and a process to resolve loan-account disputes.
Parry v Dunn-Blatch and Others (394/2022) [2024] ZASCA 19 (28 February 2024)
The Supreme Court of Appeal held that while section 163 of the Companies Act provides a remedy for oppressive or prejudicial conduct, the applicant failed to establish on the facts that the conduct of the respondents fell within the scope of section 163. The licence agreement between TRADSA and ITRISA was silent on compensation, and the evidence did not unequivocally demonstrate a common intention to require royalties. The applicant voluntarily signed the agreement without a compensation clause and cannot now claim oppression or unfair prejudice based on its absence. The court found that fact…
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Van Der Watt v Schoeman and Others (3393/2022) [2023] ZAECQBHC 61; 2024 (1) SA 531 (ECGq) (12 October 2023)
The High Court held that section 163 applies to equal shareholders in deadlock, found oppressive and prejudicial conduct, and ordered a fair-value share buy-out.
Business Doctor Consortium Limited and Another v Old Mutual Finance (RF) (Pty) Limited and Others (18535/2021) [2022] ZAWCHC 196; [2022] 4 All SA 719 (WCC) (11 October 2022)
Minority shareholders failed to prove oppressive conduct under section 163 and could not use that remedy to force litigation; the application was dismissed with costs.
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