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South Africa Case Law

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Civil Procedure [2012] ZAWCHC 377

Benson, In re: Tait NO and Others v Jason and Others (6832/2011)

Benson, In re: Tait NO and Others v Jason and Others (6832/2011) [2012] ZAWCHC 377 (5 December 2012)

Court
Western Cape High Court, Cape Town
Case number
6832/2011
Judge
Binns-Ward

The High Court refused Michael Benson’s application to set aside disclosure of a confidential company-enquiry record used in s 424 proceedings.

  • Companies Act Section 417 And 418
  • Personal Liability Of Directors
  • Confidentiality Of Enquiry Records
  • Natural Justice Audi Alteram Partem
  • Admissibility Of Evidence
  • Liquidation Proceedings
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Constitutional Law [1996] ZACC 2

Bernstein and Others v Bester NO and Others (CCT23/95)

Bernstein and Others v Bester NO and Others (CCT23/95) [1996] ZACC 2; 1996 (4) BCLR 449; 1996 (2) SA 751 (27 March 1996)

Court
Constitutional Court
Case number
CCT23/95
Judges
Ackermann, Chaskalson, Mahomed, Madala, Langa, Mokgoro, Ngoepe, Sachs, Kriegler, Didcott, O'Regan

The Constitutional Court upheld sections 417 and 418 of the Companies Act, subject to the prior ruling barring compelled self-incrimination in criminal cases.

  • Companies Act Section 417 And 418
  • Privilege Against Self Incrimination
  • Right To Privacy
  • Administrative Action
  • Fair Trial Rights
  • Equality Before The Law
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.