South Africa Case Law

Majiedt NO and Another v Mangaung Metropolitan Municipality and Others (6418/2024)

Majiedt NO and Another v Mangaung Metropolitan Municipality and Others (6418/2024) [2025] ZAFSHC 219 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

6418/2024

Judge

Daniso

The court found that the municipality unlawfully included arrears older than two years in the clearance figures, contrary to section 118(1)(b) of the Municipal Systems Act. The municipality failed to provide a transparent, itemised breakdown of the amounts due and included charges from a different account number without explanation. The court held that only debts accrued in the two years preceding the application may be demanded for clearance purposes, and that the municipality must provide full particulars limited to this period. The municipality's counter-application for payment of outstand…

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• Municipal Clearance Certificate
• Liquidation Procedure
• Rates And Taxes
• Creditors Meeting
• Section 118 Municipal Systems Act
• Proof Of Claim

Jonker and Another v Bothaville N.O and Others (901/2025)

Jonker and Another v Bothaville N.O and Others (901/2025) [2025] ZAFSHC 91 (27 February 2025)

Court

Free State High Court, Bloemfontein

Case number

901/2025

Judge

Grobler, AJ

The court found that the Master had taken only one decision, namely the removal of the liquidators under s379(1)(b) of the Companies Act, and that the interim order suspended the operation of the entire decision pending review. The applicants failed to establish any clear or prima facie right to the relief sought, as the Master's decision was fully suspended and the liquidators were entitled to continue with the administration and interrogation. The applicants did not demonstrate any real harm that would result from the interrogation, and their allegations of victimisation and harassment were…

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• Urgent Interdict
• Liquidation Proceedings
• Removal Of Liquidator
• Creditors Meeting
• Insolvency Enquiry

First Time Trading CC v Magistrate for the District of the City of Cape Town sub district Bellville and Others (6222/2024)

First Time Trading CC v Magistrate for the District of the City of Cape Town sub district Bellville and Others (6222/2024) [2024] ZAWCHC 163 (10 June 2024)

Court

Western Cape High Court, Cape Town

Case number

6222/2024

Judge

N Mangcu-Lockwood

The court found that the applicant's claim had been paid prior to the meeting of creditors, negating its status as a creditor or aggrieved person for purposes of review under section 151 of the Insolvency Act. The application was premature, as statutory remedies under section 45 and 151 had not been exhausted. The alleged procedural irregularities were either unsubstantiated or refuted by evidence, and the applicant conceded most points at the hearing. The nomination and removal of the provisional liquidator were governed by statutory provisions requiring prior recourse to the Master, which t…

Source excerpt

• Insolvency Act Procedure
• Creditors Meeting
• Liquidator Removal
• Proof Of Claims
• Locus Standi
• Urgent Roll Promotion

Mulaudzi and Another v Cash Crusaders Franchising (Pty) Ltd and Others (29047/2015)

Mulaudzi and Another v Cash Crusaders Franchising (Pty) Ltd and Others (29047/2015) [2023] ZAGPPHC 2056 (5 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

29047/2015

Judge

Khwinana

The High Court granted urgent interim relief stopping creditors’ meeting and estate administration pending a rescission application and SIU investigation.

• Urgent Interdict
• Sequestration
• Insolvency Act
• Creditors Meeting
• Rescission Application
• Urgent-interdict

Arnold v EOH Managed Services PS (PTY) Ltd and Others (24877/2021)

Arnold v EOH Managed Services PS (PTY) Ltd and Others (24877/2021) [2022] ZAGPJHC 757 (27 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

24877/2021

Judge

C Todd

The High Court dismissed an application to set aside a winding-up order and review a Master’s claim-allowance decision, finding no fraud-based basis for relief.

• Winding Up Of Companies
• Creditors Meeting
• Judicial Review Of Master
• Rescission Of Judgment
• Fraudulent Documentation
• Piercing Corporate Veil

Pretoria Office Chairs CC v Rampoporo N.O and Others (20031/2018)

Pretoria Office Chairs CC v Rampoporo N.O and Others (20031/2018) [2022] ZAGPJHC 716 (22 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20031/2018

Judge

Nichols

The court held that a purported sale of liquidation assets failed because the suspensive condition was not met, and ordered the assets restored to the liquidators.

• Liquidation Procedure
• Sale Of Assets In Liquidation
• Suspensive Conditions
• Creditors Meeting
• Good Faith Purchaser
• Liquidation-procedure

Dippenaar N.O. and Others v Noordman N.O. and Others (2949/2022)

Dippenaar N.O. and Others v Noordman N.O. and Others (2949/2022) [2022] ZAFSHC 181 (26 July 2022)

Court

Free State High Court, Bloemfontein

Case number

2949/2022

Judge

Van Rhyn

The court interdicted an auction of insolvent trust assets after finding the trustees had not been authorised by creditors or the Master to sell.

• Insolvency Act Section 82
• Trustee Authority
• Urgent Interdict
• Creditors Meeting
• Locus Standi
• Auction Of Insolvent Assets

Sithole N.O. and Others v Mulaudzi and Another (A286/2020)

Sithole N.O. and Others v Mulaudzi and Another (A286/2020) [2022] ZAGPPHC 476 (24 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

A286/2020

Judges

Tlhapi, Madiba AJ, Ndlokovane AJ

The appeal was upheld because the court a quo erred in granting an order interdicting the second meeting of creditors at the instance of the insolvent. The process following sequestration is creditor-driven, and the insolvent lacks locus standi to halt the administration of the estate for personal interests. The respondents failed to satisfy the requirements for interim interdictory relief, as their affidavits did not provide sufficient factual basis or evidence to justify suspending the creditors’ meeting or the administration of the estate. Section 381 of the Companies Act does not apply to…

Source excerpt

• Insolvency Act
• Trustee Removal
• Creditors Meeting
• Interim Interdict
• Concursus Creditorum

Umbane Technology CC v Master of the High Court of SA Pretoria Division and Others (14471/18)

Umbane Technology CC v Master of the High Court of SA Pretoria Division and Others (14471/18) [2021] ZAGPPHC 50 (9 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

14471/18

Judge

Collis

The court found that the Master's rejection of the applicant's claim was procedurally unfair and not supported by cogent reasons. The applicant's claim was prima facie sufficient for admission, and the Master failed to provide adequate explanation for his reversal of position during the meeting. The Master was obliged, under section 44(7) of the Insolvency Act, to allow the applicant an opportunity to present further evidence or to postpone the meeting for that purpose. The absence of a detailed report from the Master left the court unable to assess the validity of the rejection. Accordingly,…

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• Insolvency Act Review
• Proof Of Claims
• Administrative Action
• Creditors Meeting
• Liquidation Proceedings

Louis and Others v Glaum and Others (5225/2020)

Louis and Others v Glaum and Others (5225/2020) [2021] ZAWCHC 276 (14 January 2021)

Court

Western Cape High Court, Cape Town

Case number

5225/2020

Judge

Steyn

The court held that after the creditors rejected the Trust's binding offer to purchase their voting interests, the original business rescue plan remained unamended and stood rejected. Section 153(4) of the Companies Act only requires the practitioner to adjourn the meeting and apply sections 152 and 153 afresh if the binding offer is accepted, resulting in altered voting interests and a revised plan. Since the offer was rejected, there was no basis for further voting or application of section 153. The practitioner acted properly by closing the meeting, and his decision was not irregular or li…

Source excerpt

• Business Rescue
• Companies Act 71 Of 2008
• Statutory Interpretation
• Creditors Meeting
• Binding Offer
• Termination Of Business Rescue