South Africa Case Law

Royal AM Football Club (Pty) Ltd v National Soccer League and Others (2025/054266)

Royal AM Football Club (Pty) Ltd v National Soccer League and Others (2025/054266) [2025] ZAGPPHC 664 (7 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/054266

Judge

P.G. Seleka

The High Court upheld PSL’s termination of Royal AM’s membership, finding the Board had power to act and that the club misrepresented material facts and failed to meet obligations.

• Promotion Of Administrative Justice Act
• Corporate Governance
• Membership Termination
• Procedural Fairness
• Misrepresentation
• Shareholding Transfer

Lerotholi and Another v Cebekhuli Construction (Pty) Ltd and Others (028122/25)

Lerotholi and Another v Cebekhuli Construction (Pty) Ltd and Others (028122/25) [2025] ZAGPJHC 333 (20 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

028122/25

Judge

Manoim

Urgent commercial dispute over invoice discounting, bank-account control, and a director’s removal. The court granted interim oversight relief but struck the removal challenge off for lack of urgency.

• Invoice Discounting Agreement
• Corporate Governance
• Removal Of Director
• Urgent Interdict
• Bank Account Control
• Invoice-discounting

T.S.S and Another v First National Bank of SA Limited ta FNB and Another (2025/025807)

T.S.S and Another v First National Bank of SA Limited ta FNB and Another (2025/025807) [2025] ZAGPJHC 713 (8 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/025807

Judge

WJ du Plessis

Urgent relief over frozen company bank accounts was struck from the roll. The court found no real urgency, dismissed a strike-out bid, and refused a gagging-style interdict.

• Urgent Interdict
• Corporate Governance
• Bank Account Freeze
• Privileged Communications
• Defamation Interdict
• Urgent-interdict

Delta Property Fund Limited v Nomvete and Others (21/58226)

Delta Property Fund Limited v Nomvete and Others (21/58226) [2025] ZAGPJHC 64 (21 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21/58226

Judge

Vally

High Court held three former Delta directors delinquent for serious misconduct, rejected a pactum de non petendo defence, and ordered damages and costs.

• Delinquent Director
• Fiduciary Duty
• Companies Act Section 162
• Breach Of Trust
• Corporate Governance
• Director Liability

Tegeta Exploration and Resources (Pty) Ltd and Others v Knoop and Others (035371/2023)

Tegeta Exploration and Resources (Pty) Ltd and Others v Knoop and Others (035371/2023) [2023] ZAGPPHC 1920; 2024 (3) SA 181 (GP) (20 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

035371/2023

Judge

Phooko AJ

The court held that the authority of Van der Merwe and Van der Merwe Attorneys to represent the Second, Fifth, and Sixth Applicants in the removal application was established, as the appointment and removal of business rescue practitioners is a governance function retained by directors and not subject to the authority of BRPs. The Companies Act and relevant case law distinguish between management (under BRP control) and governance (retained by directors). Directors do not require BRP approval to appoint attorneys for governance-related litigation, such as applications for BRP removal. However…

Source excerpt

• Business Rescue
• Director Powers
• Authority To Institute Proceedings
• Removal Of Business Rescue Practitioner
• Companies Act Section 139
• Corporate Governance

Luelle Consulting (Pty) Ltd and Another v Hamann and Another (2023-034510)

Luelle Consulting (Pty) Ltd and Another v Hamann and Another (2023-034510) [2023] ZAGPJHC 1310 (15 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-034510

Judge

Malungana

Urgent interdict granted to restore access to a company bank account, with the second applicant authorised to litigate for the company under section 165(6) of the Companies Act.

• Interim Interdict
• Shareholder Dispute
• Bank Account Access
• Section 165 Companies Act
• Urgency Rule 6 12
• Corporate Governance

M Schutte Contractors CC and Another v Broad-based Black Economic Empowerment Commission and Another (3800/2022)

M Schutte Contractors CC and Another v Broad-based Black Economic Empowerment Commission and Another (3800/2022) [2023] ZAFSHC 422 (24 October 2023)

Court

Free State High Court, Bloemfontein

Case number

3800/2022

Judges

Van Zyl, Daniso, Cronjé

The court found that the Commission failed to comply with the statutory timeframe for finalizing its investigation and did not properly notify the complainant of any extension, as required by Regulation 15(4). The Commission's findings were based on material errors of fact, including a failure to appreciate the division of responsibilities, the economic benefits received by Mr Mothuli, and the nature of his participation in the Corporation. The Commission ignored pertinent evidence and relied on unsupported deductions. The recommendations made by the Commission were not authorized by law and…

Source excerpt

• Promotion Of Administrative Justice Act
• Fronting Practices
• Broad Based Black Economic Empowerment
• Procedural Fairness
• Corporate Governance

Powergroup SA (Pty) Limited v Karadeniz Holdings Limited and Others (2023/084314)

Powergroup SA (Pty) Limited v Karadeniz Holdings Limited and Others (2023/084314) [2023] ZAGPJHC 1080 (27 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/084314

Judge

S C Mia

The court found that the applicant failed to establish the requirements for an interim interdict. The harm sought to be prevented, namely the transfer of shares, had already occurred, and an interdict cannot restore the status quo. The matter was not urgent as the transfer of shares requires ministerial approval, and the dispute is already pending before arbitration. The court held that the applicant did not demonstrate a clear right, irreparable harm, or that the balance of convenience favoured the grant of relief. The constitutional and final relief sought in Part B of the notice of motion…

Source excerpt

• Interim Interdict
• Shareholders Agreement
• Broad Based Black Economic Empowerment
• Fronting
• Urgent Application
• Corporate Governance

Vercueil N.O v Huxley Trading 2 (Pty) Ltd (15695/22)

Vercueil N.O v Huxley Trading 2 (Pty) Ltd (15695/22) [2023] ZAGPPHC 615 (28 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

15695/22

Judge

SK Hassim

The High Court dismissed a trustee’s application to wind up a property company, finding no commercial insolvency and no basis for a just-and-equitable winding-up.

• Winding Up Of Company
• Commercial Insolvency
• Just And Equitable Ground
• Shareholder Dispute
• Corporate Governance
• Winding-up-of-company

Independent South African National Civic Organisation v Luyenge and Others (5374/2022)

Independent South African National Civic Organisation v Luyenge and Others (5374/2022) [2023] ZAFSHC 249 (20 June 2023)

Court

Free State High Court, Bloemfontein

Case number

5374/2022

Judge

Naidoo

The High Court dismissed an internal political-organisation dispute, finding the evidence contradictory and stressing that internal remedies had not been exhausted.

• Locus Standi
• Internal Remedies Exhaustion
• Corporate Governance
• Disciplinary Procedure
• Locus-standing
• Internal-remedies