South Africa Case Law

Botha N O and Others v Jonker and Others (1003/2022)

Botha N O and Others v Jonker and Others (1003/2022) [2024] ZASCA 78; [2024] 3 All SA 365 (SCA); 2025 (1) SA 345 (SCA) (27 May 2024)

Court

Supreme Court of Appeal

Case number

1003/2022

Judges

Petse DP, Goosen JA, Unterhalter AJA

The Supreme Court of Appeal held that late Master’s consent under section 78(1) of the Close Corporations Act must be given before the meeting is held.

• Close Corporation Liquidation
• Master Of The High Court Powers
• Statutory Interpretation
• Meeting Of Creditors
• Condonation Of Irregularities
• Close-corporation-liquidation

Jonker and Others v Myobizi N.O and Others (3076/2021)

Jonker and Others v Myobizi N.O and Others (3076/2021) [2022] ZAFSHC 62 (30 March 2022)

Court

Free State High Court, Bloemfontein

Case number

3076/2021

Judges

Van Rhyn AJ, Reinders ADJP

The court confirmed a rule nisi, holding that the liquidators’ failure to convene meetings of creditors and members timeously was not a condonable formal defect.

• Winding Up Of Close Corporations
• Meeting Of Creditors
• Statutory Compliance
• Notice Requirements
• Liquidation Procedure
• Condonation Of Irregularities

Motloung and Another v The Sheriff, Pretoria East and Others (1394/2018)

Motloung and Another v The Sheriff, Pretoria East and Others (1394/2018) [2020] ZASCA 25; 2020 (5) SA 123 (SCA) (26 March 2020)

Court

Supreme Court of Appeal

Case number

1394/2018

Judges

Saldulker, Swain, Molemela, Gorven, Eksteen

The Supreme Court of Appeal held that the absence of the registrar's signature on a summons, while a breach of a peremptory provision in rule 17(3)(c) of the Uniform Rules of Court, does not render the summons a nullity. The rule distinguishes between issuing and signing a summons; only the failure to issue is a nullity, whereas failure to sign is a condonable irregularity. The court found that the summons in question had been issued, stamped, and allocated a case number by the registrar, and thus constituted valid court process. The breach was susceptible to condonation under Uniform Rule 27…

Source excerpt

• Uniform Rules Of Court
• Condonation Of Irregularities
• Nullity Vs Irregularity
• Summons Signature Requirement