South Africa Case Law

Roux v Fortein NO and Others (A170/2023)

Roux v Fortein NO and Others (A170/2023) [2025] ZAFSHC 167 (6 June 2025)

Court

Free State High Court, Bloemfontein

Case number

A170/2023

Judges

JP Daffue, C Reinders, I Van Rhyn

The court held that the payment made by Van Niekerk Boerdery to Roux after the commencement of liquidation proceedings constituted a disposition of property or rights of action by CRE Stropers within the meaning of section 341(2) of the Companies Act. This was ratified by Corbett, the sole member, when he deducted the amount from the invoice, thereby abandoning the corporation's right to claim the full amount from its debtor. Such conduct unfairly preferred Roux over other creditors and violated the principle of concursus creditorum. The disposition was void, and Roux was required to repay th…

Source excerpt

• Winding Up Of Close Corporation
• Concursus Creditorum
• Void Disposition
• Preferential Creditor Treatment
• Companies Act Section 341 2

Cooper N.O. and Others v Miftah Ul Junainah CC (1495/2022)

Cooper N.O. and Others v Miftah Ul Junainah CC (1495/2022) [2022] ZAWCHC 195; 2023 (1) SA 523 (WCC) (5 October 2022)

Court

Western Cape High Court, Cape Town

Case number

1495/2022

Judge

E.S Grobbelaar

The High Court held that only it has jurisdiction under section 341(2) to order repayment of void dispositions by a company in liquidation, and awarded High Court-scale costs.

• Void Dispositions
• Companies Act Section 341 2
• Jurisdiction Of High Court
• Liquidation Costs
• Repayment Of Void Dispositions
• Void-dispositions

Next To (Pty) Ltd v K2018110768 (SA) (Pty) Ltd and Others (42478/2021)

Next To (Pty) Ltd v K2018110768 (SA) (Pty) Ltd and Others (42478/2021) [2021] ZAGPPHC 698 (22 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

42478/2021

Judge

Collis

The High Court granted urgent ejectment after finding the respondents had no valid right to occupy premises leased during liquidation without court validation.

• Ejectment
• Rei Vindicatio
• Companies Act Section 341 2
• Lease Agreement In Liquidation
• Urgent Application
• Dispute Of Fact

Engen Petroleum Ltd v Goudis Carriers (Pty) Ltd ( In Liquidation) (2013/ A5043)

Engen Petroleum Ltd v Goudis Carriers (Pty) Ltd ( In Liquidation) (2013/ A5043) [2014] ZAGPJHC 273; [2015] 1 All SA 324 (GJ); 2015 (6) SA 21 (GJ) (20 October 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2013/ A5043

Judge

R Sutherland

Section 341(2) of the Companies Act 61 of 1973 does not empower the court to validate dispositions made by a company after the date of the final winding-up order. The phrase 'being wound up' refers to the period between the presentment of the winding-up application and the granting of the final order. After the final order, the company's office bearers lose authority to make valid dispositions, and only the liquidator may act for the company. The retrospective effect of concursus creditorum renders transactions made after the final order void, and the court's power to validate is limited to t…

Source excerpt

• Winding Up
• Concursus Creditorum
• Court Validation Of Dispositions
• Companies Act Section 341 2

Stander NO And Another v De Bruin & Partners Inc (69975/2009)

Stander NO And Another v De Bruin & Partners Inc (69975/2009) [2011] ZAGPPHC 133 (29 July 2011)

Court

North Gauteng High Court, Pretoria

Case number

69975/2009

Judge

Mabuse

The High Court held that a payment made by an insolvent company after commencement of winding up was a void disposition under section 341(2) and ordered repayment.

• Void Disposition
• Company Liquidation
• Insolvency Act Sections 26 29 30
• Companies Act Section 341 2
• Constitutional Challenge
• Trust Account Payments