South Africa Case Law

Dlamini Incorporated and Another v Legal Practice Council of South Africa and Another (2025-064733)

Dlamini Incorporated and Another v Legal Practice Council of South Africa and Another (2025-064733) [2025] ZAGPPHC 621 (23 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-064733

Judge

N Rajab-Budlender

The High Court discharged an urgent rule nisi sought by a law firm after its sole director died, and appointed a curator bonis over the trust accounts and practice.

• Personal Liability Company
• Legal Practitioners Trust Account
• Appointment Of Curator Bonis
• Company Directorship
• Legal Practice Act
• Urgent Interdict

Association for Advancement of Black Account of South Africa NPC v Gidini and Others (2023/117011)

Association for Advancement of Black Account of South Africa NPC v Gidini and Others (2023/117011) [2025] ZAGPJHC 649 (25 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/117011

Judge

Dippenaar

The High Court held the interdictory relief moot because the respondents’ terms as directors had ended, and postponed the declaratory relief sine die.

• Company Directorship
• Removal Of Directors
• Declaratory Relief
• Interdict
• Mootness
• Memorandum Of Incorporation

Van Der Walt and Another v Justsolve (Pty) Ltd and Others (020842/2023)

Van Der Walt and Another v Justsolve (Pty) Ltd and Others (020842/2023) [2024] ZAGPPHC 1208 (18 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

020842/2023

Judge

Makhoba

The High Court referred a company shareholding dispute to oral evidence because the papers showed material factual disputes about share ownership, the share certificate and the securities register.

• Shareholding Dispute
• Company Directorship
• Dispute Of Fact
• Application Vs Trial
• Strike Out Scandalous Allegations
• Shareholding-dispute

Ace Films Corporation v Mimosa Rolprent Produksies (Pty) Ltd (In Liquidation) and Others (21717/2023)

Ace Films Corporation v Mimosa Rolprent Produksies (Pty) Ltd (In Liquidation) and Others (21717/2023) [2024] ZAWCHC 123 (7 May 2024)

Court

Western Cape High Court, Cape Town

Case number

21717/2023

Judge

Golden

The Court found that Salant's purported reappointment as director of ACE Films Corporation was invalid and unauthorised, as the required written consent from CAT, ACE's sole shareholder, was never given by the liquidators who controlled CAT following Mimosa's liquidation. The liquidators, empowered by a creditors' resolution, lawfully appointed Troskie as director of CAT, and she validly replaced Salant as director of ACE. The written consents and resolutions were properly executed and reflected the wishes of the liquidators. Allegations of fraud and improper purpose by Salant were unsupporte…

Source excerpt

• Authority Of Attorney
• Business Rescue
• Company Directorship
• Liquidation Powers
• Rule 7 Dispute

Equistocks 8 (Pty) Ltd v Oosthuizen and Others (6238/2021)

Equistocks 8 (Pty) Ltd v Oosthuizen and Others (6238/2021) [2023] ZALMPPHC 43 (27 June 2023)

Court

Limpopo High Court, Polokwane

Case number

6238/2021

Judge

G J Diamond

The High Court granted leave to appeal on authority, unauthorised proceedings, and costs, including whether the deponent could litigate for the applicant.

• Authority Of Attorney
• Costs De Bonis Propriis
• Rule 7 Uniform Rules
• Company Directorship
• Leave To Appeal
• Unauthorised Proceedings

Ncube and Another v Health and Hygiene (PTY) Ltd (22-5166)

Ncube and Another v Health and Hygiene (PTY) Ltd (22-5166) [2022] ZAGPJHC 466 (13 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22-5166

Judge

E F Dippenaar

The applicants failed to provide documentary proof of shareholding in the second applicant. The respondent's version, supported by original share certificates and minutes signed in pen by the first applicant, established that the respondent is the sole shareholder. The applicants' allegations of fraud were unsupported by expert evidence. The requirements for interdictory relief were not met, as the applicants did not demonstrate a clear right or irreparable harm, given the dormant status of the company and available statutory remedies. The application was not urgent, and the applicants' condu…

Source excerpt

• Shareholder Dispute
• Company Directorship
• Urgent Interdict
• Declaratory Relief

Intongo Property Investment (Pty) Ltd and Another v Groenewald and Others (15845/2020)

Intongo Property Investment (Pty) Ltd and Another v Groenewald and Others (15845/2020) [2021] ZAWCHC 174; 2022 (2) SA 543 (WCC) (2 September 2021)

Court

Western Cape High Court, Cape Town

Case number

15845/2020

Judge

Meer

The High Court dismissed an application to set aside a property sale, holding that neither applicant had locus standi to sue on behalf of the company.

• Locus Standi
• Fraudulent Transfer
• Company Directorship
• Shareholder Rights
• Property Registration
• Remedies Under Companies Act

Jurgens Campworld (Pty) Ltd v Prestige Campworld (Pty) Ltd (6811/2020)

Jurgens Campworld (Pty) Ltd v Prestige Campworld (Pty) Ltd (6811/2020) [2020] ZAGPPHC 659 (5 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

6811/2020

Judge

M Mbongwe

The High Court dismissed an application to recover caravans under a consignment agreement, finding the applicant lacked valid authority to act and litigate.

• Consignment Agreement
• Company Directorship
• Authority To Institute Proceedings
• Pre Emption Right
• Resolution Validity
• Consignment-agreement

Lakeside City Trading 286 (Pty) Ltd v Lindicento Proprietary Limited and Others (31459/2018)

Lakeside City Trading 286 (Pty) Ltd v Lindicento Proprietary Limited and Others (31459/2018) [2020] ZAGPPHC 103 (20 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

31459/2018

Judge

Maumela

The High Court set aside a property transfer, the sale agreement, and a mortgage bond after finding the transaction was tainted by fraud and lack of authority.

• Fraudulent Transfer
• Ostensible Authority
• Mortgage Bond Registration
• Company Directorship
• Alienation Of Land Act
• Prescription

Alexcor (SOC) Ltd v Richtersveld Mining Company (Pty) Ltd and Others (964/16)

Alexcor (SOC) Ltd v Richtersveld Mining Company (Pty) Ltd and Others (964/16) [2018] ZANCHC 4 (12 February 2018)

Court

Northern Cape High Court, Kimberley

Case number

964/16

Judge

B M Pakati

The court reserved costs of the counter-application to be dealt with in the main application, finding the issues were interlinked and involved public-interest governance concerns.

• Company Directorship
• Memorandum Of Incorporation
• Urgent Interdict
• Costs Award
• Pooling And Sharing Joint Venture
• Costs-award