South Africa Case Law

Society for Prevention of Cruelty to Animals Tshwane v National Council of Society for Prevention of Cruelty (24/125547)

Society for Prevention of Cruelty to Animals Tshwane v National Council of Society for Prevention of Cruelty (24/125547) [2025] ZAGPJHC 19 (14 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

24/125547

Judge

Wentzel AJ

The High Court ordered the NSPCA to restore access, records and email to Tshwane SPCA directors, finding their exclusion blocked audit compliance and oversight.

• Fiduciary Duties Of Directors
• Companies Act Section 76
• Oversight And Access Rights
• Statutory Management Takeover
• Audited Financial Statements
• Interdict Relief

Dr L Jamjam and Partner Incorporated and Another v Mbalekwa and Another (EL 1474/2022)

Dr L Jamjam and Partner Incorporated and Another v Mbalekwa and Another (EL 1474/2022) [2022] ZAECELLC 27 (22 September 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1474/2022

Judge

Hartle

Urgent interim relief was granted after a director withdrew R2 million from the company account amid a breakdown between co-directors and pending liquidation.

• Fiduciary Duties Of Directors
• Unlawful Distribution
• Interim Interdict
• Companies Act Section 76
• Authority To Represent Company
• Fiduciary-duties-of-directors

Skycastle Securities (PTY) Ltd and Others v TMM Holdings (PTY) Ltd and Another : In re: TMM Holdings (PTY) Ltd and Another v Skycastle Securities (PTY) Ltd and Others (30494/2021)

Skycastle Securities (PTY) Ltd and Others v TMM Holdings (PTY) Ltd and Another : In re: TMM Holdings (PTY) Ltd and Another v Skycastle Securities (PTY) Ltd and Others (30494/2021) [2022] ZAGPJHC 390 (8 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

30494/2021

Judge

Molahlehi

The High Court dismissed exceptions to particulars of claim, finding the indemnity clause and causation objections did not show the claims were bad in law.

• Breach Of Contract
• Indemnity Clause
• Duty Of Care
• Director Liability
• Causation
• Companies Act Section 76

Forum Exporters International (Pty) Ltd v Park Village Auctioners (Pty) Ltd and Another (43236/17)

Forum Exporters International (Pty) Ltd v Park Village Auctioners (Pty) Ltd and Another (43236/17) [2020] ZAGPJHC 422 (11 June 2020)

Court

South Gauteng High Court, Johannesburg

Case number

43236/17

Judge

Keightley

The court found that a binding joint venture agreement was concluded between Forum, PVA, and Goodrich on 15 May 2016, with PVA obliged to account to and pay Forum according to the agreed formula. The evidence established that the original payment formula was the Maisons du Monde retail price multiplied by a factor of 6, later reduced to 4.9 by agreement on 4 July 2016. PVA controlled the sales, invoicing, and payments, and failed to pay Forum the full amount due under the agreement. The court accepted Forum's master spreadsheet as the best available evidence of goods delivered and sold, and c…

Source excerpt

• Joint Venture Agreement
• Damages Quantification
• Director Liability
• Companies Act Section 76
• Oral Contract
• Fraud

Barloworld Logistics Africa (Pty) Ltd and Another v Ford and Others (15511/2018)

Barloworld Logistics Africa (Pty) Ltd and Another v Ford and Others (15511/2018) [2019] ZAGPJHC 155; 2019 (5) SA 133 (GJ) (20 May 2019)

Court

South Gauteng High Court, Johannesburg

Case number

15511/2018

Judge

WHG van der Linde

The High Court upheld an exception to particulars of claim that alleged fraud tied to undefined accounting standards and insufficiently pleaded operating profit.

• Vague And Embarrassing Pleading
• Fraudulent Misrepresentation
• Fiduciary Duties
• Generally Accepted Accounting Practice
• Companies Act Section 76
• Vague-and-embarrassing-pleading

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

Kensal Rise Investments (Pty) Limited v Marchant (1523/2013)

Kensal Rise Investments (Pty) Limited v Marchant (1523/2013) [2014] ZAKZDHC 47 (30 October 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

1523/2013

Judge

Olsen

High Court case holding that a director breached fiduciary duties by presenting misleading financial information in a share sale, making the contract voidable.

• Fiduciary Duties Of Directors
• Breach Of Fiduciary Duty
• Companies Act Section 76
• Voidable Contract
• Minority Shareholder Rights
• Fiduciary-duties-of-directors