South Africa Case Law

Laher v Fitzgerald and Others (2023/039641)

Laher v Fitzgerald and Others (2023/039641) [2024] ZAGPJHC 401 (18 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/039641

Judge

H A van der Merwe

The application to set aside the summons fails because the commissioner’s decision to issue the summons is not open to attack on the facts presented. Mr Laher approved substantial payments to Silver Touch for which no explanation is provided, and his evidence is relevant to the affairs of the company in liquidation. The permissible bounds of the enquiry include investigating such transactions. The applicant is at liberty to object to any impermissible questions during the enquiry, and there is no reason to believe the commissioner will not properly address such objections. The court is not re…

Source excerpt

• Companies Act Section 417 418
• Liquidation Enquiry
• Summons Review
• Abuse Of Process

Du Preez and Another v Hantle Infra Planning (Pty) Ltd and Others (1214/2021;1303/2021)

Du Preez and Another v Hantle Infra Planning (Pty) Ltd and Others (1214/2021;1303/2021) [2023] ZAECQBHC 22 (4 April 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1214/2021;1303/2021

Judge

Bands AJ

The court found that the applicants, as prospective witnesses and not parties to the original ex parte application, lacked the necessary locus standi to seek an order declaring the enquiry order unlawful and void ab initio. Their interest in the proceedings was limited and did not entitle them to intervene after the order had been granted. The grounds for resisting such an order are narrowly confined to jurisdiction, hardship, or exceptional circumstances, none of which were present. The related costs application was dismissed as moot, since the enquiry had already been postponed and the appl…

Source excerpt

• Companies Act Section 417 418
• Locus Standi
• Ex Parte Orders
• Liquidation Enquiry
• Costs Order

Richardson and Another v Minister of South African Police Services and Others (67943/ 2015)

Richardson and Another v Minister of South African Police Services and Others (67943/ 2015) [2015] ZAGPPHC 1064 (16 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

67943/ 2015

Judge

Mavundla

Urgent application to forestall possible arrest under a Companies Act inquiry was removed from the urgent roll because the alleged threat was too remote.

• Urgency In Motion Proceedings
• Companies Act Section 417 418
• Warrant Of Arrest
• Right To Liberty
• Urgency-in-motion-proceedings
• Companies-act-section-417-418