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South Africa decisions
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Barbaglia v Barbaglia and Others (16659/2021) [2022] ZAGPJHC 198 (4 April 2022)
The High Court granted interim interdictory relief to preserve Pabar’s assets, records, and access rights, and enforced an interim salary arrangement pending related litigation.
Members of Seed of Life v Board of Directors of Seed of Life and Others (2201/2019) [2020] ZANCHC 31 (26 June 2020)
The application is fatally defective due to lack of proper authority for Ms Mogorosi to act on behalf of the shareholders and the failure to join the company, Seed of Life Investments (Pty) Ltd, as a necessary party. The applicant failed to establish locus standi, as the entity 'Members of Seed of Life' is not a legal person and the authority from shareholders was insufficient. The company is directly affected by the relief sought, particularly regarding access to documents, and must be joined. The applicant also failed to disclose material facts in the ex parte urgent application, including…
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Loest v Gendac (Pty) Ltd and Another (17699/2016) [2017] ZAGPPHC 73; 2017 (4) SA 187 (GP) (3 March 2017)
The court held that section 164 of the Companies Act provides a comprehensive mechanism for dissenting shareholders to obtain fair value for their shares, including the ability to approach the court for determination of fair value and for the court to appoint appraisers and order disclosure of necessary information. The applicant failed to establish that the requested information was reasonably required for the exercise of his appraisal rights under PAIA, as the statutory process under section 164 already provides for access to relevant information through the court. The mere existence of a r…
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Davis v Clutcho (PTY) Ltd (1289/03) [2003] ZAWCHC 23; [2003] 3 All SA 561 (C) (10 June 2003)
A shareholder obtained access under PAIA to company accounting records to value his shares and investigate possible financial mismanagement, subject to limits protecting customer identities.
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