South Africa Case Law

Hans Merensky Landowners Association (Pty) Ltd v Southern Sky Residential Properties (Pty) Ltd (2025/080158)

Hans Merensky Landowners Association (Pty) Ltd v Southern Sky Residential Properties (Pty) Ltd (2025/080158) [2025] ZALMPPHC 125 (24 June 2025)

Court

Limpopo High Court, Polokwane

Case number

2025/080158

Judge

Van Wyk ASL

The High Court granted final winding-up of a company that failed to pay levy debts, rejected a set-off defence, and found commercial insolvency.

• Winding Up Of Companies
• Commercial Insolvency
• Set Off Defence
• Just And Equitable Liquidation
• Creditor Protection
• Winding-up-of-companies

Dinath and Another v Iginla and Another (079671/2023)

Dinath and Another v Iginla and Another (079671/2023) [2024] ZAGPPHC 1225 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

079671/2023

Judge

Nharmuravate

The court found that the payments made by Joshua Iginla Ministries NPC to purchase a farm in the First Respondent's name constituted a disposition without value under section 26 of the Insolvency Act. The funds originated from SNS, which operated an unlawful Ponzi scheme and was liquidated, making the payments to JIM NPC impeachable and due for repayment to SNS's liquidators. The Respondents failed to provide any evidence that JIM NPC was solvent at the time of the disposition or that value was received in exchange for the payments. The constitutional argument regarding freedom of religion wa…

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• Insolvency Act Section 26
• Disposition Without Value
• Liquidation Proceedings
• Collusive Transactions
• Church Donations
• Creditor Protection

Cooper N.O and Others v VAB Sales and Distribution (Pty) Ltd (1498/22)

Cooper N.O and Others v VAB Sales and Distribution (Pty) Ltd (1498/22) [2024] ZAWCHC 379; [2025] 1 All SA 178 (WCC) (19 November 2024)

Court

Western Cape High Court, Cape Town

Case number

1498/22

Judge

S Mthimunye

The court found that all four payments made by Cape Basic Products (Pty) Ltd (in liquidation) to VAB Sales and Distribution (Pty) Ltd after the commencement of winding up constitute void dispositions under section 341(2) of the Companies Act. The respondent’s argument that Savers Lane Holdings (Pty) Ltd was a separate entity was rejected, as evidence established that Savers Lane was merely the trading name of the third applicant. The payments were not made in the ordinary course of business but were preferential, giving the respondent an unfair advantage over other creditors. The court determ…

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• Winding Up Of Companies
• Void Dispositions
• Preferential Payments
• Creditor Protection
• Companies Act Section 341
• Liquidation Orders

Prudential Authority and Another v Habib Overseas Bank and Others (2023/071935)

Prudential Authority and Another v Habib Overseas Bank and Others (2023/071935) [2024] ZAGPPHC 189 (26 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/071935

Judge

Kholong

The High Court granted final liquidation of Habib Overseas Bank, admitted depositors as intervening parties, and dismissed their postponement bid.

• Bank Liquidation
• Commercial Insolvency
• Creditor Protection
• Statutory Triggering Mechanisms
• Intervention Application
• Postponement Of Proceedings

Msimang N.O and Another v Maoto N.O and Others

Msimang N.O and Another v Maoto N.O and Others [2023] ZAGPPHC 568; 038277/2022 (14 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

038277/2022

Judge

Makhoba

The High Court granted urgent interim relief staying a farm sale in execution, but refused to remove the business rescue practitioner.

• Business Rescue
• Stay Of Execution
• Urgent Interdict
• Creditor Protection
• Sale In Execution
• Business-rescue

MRV Investments (Pty) Ltd v N.E.W.S. Carriers (Pty) Ltd (84446/2022)

MRV Investments (Pty) Ltd v N.E.W.S. Carriers (Pty) Ltd (84446/2022) [2023] ZAGPJHC 705 (20 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

84446/2022

Judge

S D J Wilson

The High Court dismissed a liquidation application because the alleged debt was genuinely disputed on bona fide and reasonable grounds, and the contract required documents was not proved.

• Company Liquidation
• Genuine Dispute Of Debt
• Contractual Documentation Requirements
• Creditor Protection
• Company-liquidation
• Genuine-dispute-of-debt

Ex Parte; Eckhoff N.O and Another; Ex Parte; Eckhoff N.O and Another (17697/21; 17696/21)

Ex Parte; Eckhoff N.O and Another; Ex Parte; Eckhoff N.O and Another (17697/21; 17696/21) [2021] ZAWCHC 233 (17 November 2021)

Court

Western Cape High Court, Cape Town

Case number

17697/21; 17696/21

Judge

Montzinger

The court found that the applicants, as liquidators and provisional trustees, were demonstrably handicapped in executing their statutory duties due to the lack of cooperation from the insolvents and the uncertainty regarding the assets. No creditors' meeting had been convened, and the Master could not provide directions. The only viable remedy was to approach the court for an extension of powers. The opposition raised by the respondents was without substantive merit and did not outweigh the applicants' statutory obligations to protect the interests of creditors. The court further held that th…

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• Liquidation Powers
• Provisional Trustee Authority
• Interim Interdict
• Search And Seizure
• Creditor Protection

Starbuck N.O and Another v Timana and Others (49784/2020)

Starbuck N.O and Another v Timana and Others (49784/2020) [2021] ZAGPPHC 389 (11 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

49784/2020

Judge

NE Nkosi

The High Court granted a final interdict protecting liquidators of Timana Properties from interference by the first respondent and ordered him to pay costs.

• Final Interdict
• Interim Interdict
• Liquidation Proceedings
• Creditor Protection
• Final-interdict
• Interim-interdict

Cooper NO and Another v Myburgh and Others (9040/2019)

Cooper NO and Another v Myburgh and Others (9040/2019) [2020] ZAWCHC 174; [2021] 2 All SA 114 (WCC) (4 December 2020)

Court

Western Cape High Court, Cape Town

Case number

9040/2019

Judge

A.G. Binns-Ward

The court found that Sean Billy Myburgh, as sole director and effective controller of CPT to Cairo Transport (Pty) Ltd, orchestrated the disposal of all company assets to related entities on terms that were manifestly prejudicial to creditors, including extended payment holidays and set-off arrangements that delayed or denied recovery. Myburgh's conduct, even if claimed to be based on legal advice, was so grossly unreasonable as to constitute recklessness under section 424(1) of the Companies Act. The trustees of the Trust, while authorising the asset disposal, acted as mere rubber stamps for…

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• Reckless Trading
• Personal Liability Of Directors
• Liquidation Proceedings
• Trusts And Corporate Veil
• Section 424 Companies Act
• Creditor Protection

Klein NO and Others v Levick and Others; In Re Levick and Another v Master of the High Court, Johannesburg and Others (40681/2019; 41368/2019; 526/2020; 13811/2020; 12492/2020)

Klein NO and Others v Levick and Others; In Re Levick and Another v Master of the High Court, Johannesburg and Others (40681/2019; 41368/2019; 526/2020; 13811/2020; 12492/2020) [2020] ZAGPJHC 306 (23 November 2020)

Court

South Gauteng High Court, Johannesburg

Case number

40681/2019; 41368/2019; 526/2020; 13811/2020; 12492/2020

Judge

E F Dippenaar

The court found that the provisional trustees had established good cause for the authority sought under s18(3) of the Insolvency Act. The trustees demonstrated urgency and reasonable grounds for opposing the review proceedings and instituting the counter application, which seeks to secure the attendance and cooperation of the witnesses at the s152 enquiry. The trustees' participation is necessary to protect the interests of the creditors, especially given the relief sought in the review applications, which could prejudice the estate. The court held that the trustees have locus standi to oppos…

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• Insolvency Act Section 18 3
• Trustee Authority
• Review Of Master Decisions
• Creditor Protection
• Judicial Oversight
• Costs Orders