South Africa Case Law

Du Preez and Another v Hantle Infra Planning (PTY) Ltd and Others (1214/2021)

Du Preez and Another v Hantle Infra Planning (PTY) Ltd and Others (1214/2021) [2022] ZAECQBHC 10 (24 May 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

1214/2021

Judge

Goosen

The court found that there are no compelling reasons or reasonable prospects of success to justify granting leave to appeal. The alleged conflict between judgments in Leech and Jeeva is not relevant to the present matter, as the issue of access to information by prospective witnesses prior to interrogation does not arise here. The applicants' challenge to the lawfulness of the order was speculative and unsupported by evidence. The judgment did not make an adverse finding on the applicants' locus standi, and their standing was assumed for the purposes of the application. The court considered t…

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• Leave To Appeal
• Access To Court Documents
• Confidentiality In Liquidation Inquiries
• Locus Standi
• Superior Courts Act
• Companies Act Section 417

Engelbrecht v Master of the High Court, Free State Division, Bloemfontein and Others (5148/2019)

Engelbrecht v Master of the High Court, Free State Division, Bloemfontein and Others (5148/2019) [2021] ZAFSHC 26 (5 February 2021)

Court

Free State High Court, Bloemfontein

Case number

5148/2019

Judges

C Van Zyl, NM Mbhele

The court found that section 417 of the Companies Act clearly restricts the conduct of an enquiry into the affairs of a company in liquidation to the Master or the court. The statutory language does not permit delegation of this function to counsel or other parties unless a commissioner is formally appointed under section 418, which was not the case here. The court agreed with the reasoning in Swart v Master of the High Court and distinguished the respondents' reliance on R v Herholdt, noting that the latter case dealt with different statutory provisions and circumstances. The court held that…

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• Companies Act Section 417
• Liquidation Enquiry
• Administrative Review
• Promotion Of Administrative Justice Act
• Procedural Irregularity

Garcao v Master of the Northern Cape High Court, Kimberley and Others (185/13)

Garcao v Master of the Northern Cape High Court, Kimberley and Others (185/13) [2015] ZANCHC 10 (8 May 2015)

Court

Northern Cape High Court, Kimberley

Case number

185/13

Judges

BM Pakati, L Lever

The court found that the enquiry was properly convened under sections 417 and 418 of the Companies Act, as expressly stated in both the court order and the heading of the subpoena. The Assistant Master acted as a commissioner appointed in terms of section 418, and the proceedings complied with the statutory requirements. The applicant's argument that only the Master could conduct the enquiry was not supported by the wording of the Act or the facts. The applicant failed to provide particularity regarding alleged procedural unfairness and did not demonstrate prejudice. He also failed to address…

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• Liquidation Enquiry
• Companies Act Section 417
• Companies Act Section 418
• Review Of Proceedings
• Condonation
• Powers Of Liquidators

Wishart and Others v Blieden NO and Others (7136/2011)

Wishart and Others v Blieden NO and Others (7136/2011) [2012] ZAKZPHC 72; [2013] 1 All SA 485 (KZP); 2013 (6) SA 59 (KZP) (15 November 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7136/2011

Judge

Gorven

The court found that the applicants failed to establish a clear right to the relief sought. No attorney-client contract existed between the applicants and the respondents; any such relationship was with the companies. The applicants did not prove that confidential information personal to them was imparted to the respondents. The information disclosed related to the companies and was either public or not relevant to the section 417 enquiry. The court declined to develop South African law to adopt the inherent jurisdiction approach as in Australian law, finding that the facts did not warrant su…

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• Attorney Client Confidentiality
• Fiduciary Duty
• Final Interdict
• Conflict Of Interest
• Companies Act Section 417

Akoo and Others v Master of the High Court and Others (5612/11)

Akoo and Others v Master of the High Court and Others (5612/11) [2012] ZAKZPHC 45 (31 July 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5612/11

Judge

D Pillay

Leave to appeal was refused where applicants delayed review and expungement steps and failed to show a clear or prima facie right to block liquidation subpoenas.

• Interim Interdict
• Final Interdict
• Companies Act Section 417
• Privacy Rights
• Administrative Action
• Expungement Of Claims

Gumede and Others v Subel and Others (429/2004)

Gumede and Others v Subel and Others (429/2004) [2005] ZASCA 91; [2006] 3 All SA 411 (SCA); 2006 (3) SA 498 (SCA) (27 September 2005)

Court

Supreme Court of Appeal

Case number

429/2004

Judges

Mpati DP, Scott JA, Brand JA, Lewis JA, Cachalia AJA

The Supreme Court of Appeal held that the commissioner was entitled, and indeed obliged, to order the production of documents that were reasonably believed to be relevant to the affairs of ACT under s 417 of the Companies Act. The bare assertion of confidentiality by the appellants did not suffice to override the public interest and creditors' rights in uncovering the truth about the company's collapse. The right to privacy, while constitutionally protected, may be justifiably limited where relevance is established. The court found no irregularity or improper motive in the commissioner's ruli…

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• Companies Act Section 417
• Right To Privacy
• Production Of Documents
• Corporate Opportunity
• Review Of Commissioner Decision

Michelin Tyre Company (South Africa)(Pty) Ltd v Janse Van Rensburg and Others (198/2001)

Michelin Tyre Company (South Africa)(Pty) Ltd v Janse Van Rensburg and Others (198/2001) [2002] ZASCA 55; 2002 (5) SA 239 (SCA) (29 May 2002)

Court

Supreme Court of Appeal

Case number

198/2001

Judges

Hefer, Zulman, Brand, Nugent, Lewis

The Supreme Court of Appeal held that section 417 of the Companies Act 61 of 1973 is confined to windings-up by the court and does not apply to voluntary windings-up. The court found that the wording of section 417, particularly the reference to a 'winding-up order', clearly indicates that the section is intended only for compulsory windings-up. The court rejected the appellant's argument that the opening words of the section are broad enough to include voluntary windings-up, noting that the remainder of the section restricts its application. The court also dismissed the argument for purposiv…

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• Companies Act Section 417
• Winding Up
• Compulsory Liquidation
• Voluntary Liquidation