South Africa Case Law

Dimension Data Facilities (Pty) Ltd and Others v Identity Property CO (Pty) Ltd and Others (2022/040174)

Dimension Data Facilities (Pty) Ltd and Others v Identity Property CO (Pty) Ltd and Others (2022/040174) [2024] ZAGPJHC 1209; 2025 (2) SA 459 (GJ) (25 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/040174

Judge

Fisher

The High Court set aside a Dimension Data campus sale after finding undisclosed director conflicts and a scheme that secretly benefited six executives.

• Conflict Of Interest
• Companies Act Section 75
• Beneficial Ownership
• Broad Based Black Economic Empowerment
• Fiduciary Duties
• Transaction Voidness

Coyne Healthcare (Pty) Ltd v Coyne and Others (18586/2021)

Coyne Healthcare (Pty) Ltd v Coyne and Others (18586/2021) [2022] ZAWCHC 54 (19 April 2022)

Court

Western Cape High Court, Cape Town

Case number

18586/2021

Judge

Binns-Ward

The court found that the 2019 employment contract, which omitted restraint clauses, was invalid for lack of shareholder approval under section 75 of the Companies Act. However, the applicant failed to prove any breach of the non-solicitation clause by the first respondent, as no evidence showed that customers were solicited or lost to the second respondent. The information alleged to be confidential, such as customer identities, pricing, and product composition, was found to be public or generic in the industry and not protectable. The applicant did not establish a proprietary interest in con…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Non Solicitation
• Employment Contract
• Interdict
• Companies Act Section 75

Atlas Park Holdings (Pty) Ltd v Tailifts South Africa (Pty) Ltd (28817/2020)

Atlas Park Holdings (Pty) Ltd v Tailifts South Africa (Pty) Ltd (28817/2020) [2022] ZAGPJHC 109; 2022 (5) SA 127 (GJ); [2022] 4 All SA 28 (GJ) (21 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

28817/2020

Judge

Spilg

High Court refused to validate lease agreements under Companies Act s 75(8), finding material non-disclosure, conflict of interest, and misuse of a corporate opportunity.

• Companies Act Section 75
• Conflict Of Interest
• Corporate Opportunity
• Fiduciary Duty
• Disclosure Requirements
• Director Liability

Safety Grip CC v Advent Oil (Pty) Ltd and Others v Arvoprox (Pty) Ltd (96949/2015; 96948/2015)

Safety Grip CC v Advent Oil (Pty) Ltd and Others v Arvoprox (Pty) Ltd (96949/2015; 96948/2015) [2021] ZAGPPHC 355 (18 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

96949/2015; 96948/2015

Judge

Gwala

The court dismissed leave to appeal, upholding that a credit agreement was invalid under section 75(3) of the Companies Act and that a suretyship was signed in error.

• Companies Act Section 75
• Director Conflict Of Interest
• Credit Agreement Invalidity
• Suretyship Liability
• Companies-act-section-75
• Director-conflict-of-interest

Stilko Security (Pty) Ltd and Another v Mooikloof Home Owners Association NPC (42948/2013)

Stilko Security (Pty) Ltd and Another v Mooikloof Home Owners Association NPC (42948/2013) [2017] ZAGPPHC 311 (7 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

42948/2013

Judge

D S Molefe

High Court held that the defendant repudiated two security service agreements, rejected defences based on delegation structure, section 75, and waiver.

• Breach Of Contract
• Repudiation
• Companies Act Section 75
• Delegation Structure
• Waiver Of Rights
• Breach-of-contract

Cook: Geoffrey v Hesber Impala (Pty) Ltd and Others (2014/45832)

Cook: Geoffrey v Hesber Impala (Pty) Ltd and Others (2014/45832) [2016] ZAGPJHC 23 (19 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2014/45832

Judge

L Adams

High Court dispute over director conflicts, recusal, and delinquency under the Companies Act. Both the application and counter-application were dismissed with costs.

• Director Fiduciary Duties
• Conflict Of Interest
• Delinquent Director
• Companies Act Section 75
• Companies Act Section 76
• Declaratory Relief

Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of South Africa (SOC) Limited and Another (12476/2015)

Mthimunye-Bakoro v Petroleum Oil and Gas Corporation of South Africa (SOC) Limited and Another (12476/2015) [2015] ZAWCHC 113; 2015 (6) SA 338 (WCC) (4 August 2015)

Court

Western Cape High Court, Cape Town

Case number

12476/2015

Judge

Davis

The court held that the applicant, as the subject of the suspension, had a manifest conflict of interest and was lawfully excluded from board deliberations regarding her own suspension in terms of section 75 of the Companies Act and the company's articles of association. The applicant was given reasonable notice and an opportunity to make representations at the 13 July 2015 meeting, which satisfied the requirements of procedural fairness. The exclusion of the applicant from the deliberations and voting was justified and consistent with both statutory and common law principles of corporate gov…

Source excerpt

• Board Governance
• Conflict Of Interest
• Precautionary Suspension
• Companies Act Section 75
• Notice And Information Rights