South Africa Case Law

Sookoo and Others v Commissioner for the South African Revenue Service and Another (49048/21)

Sookoo and Others v Commissioner for the South African Revenue Service and Another (49048/21) [2022] ZAGPPHC 285 (3 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

49048/21

Judge

E van der Schyff

The High Court partly granted urgent relief over a SARS preservation order, declaring On Track Mobile (Pty) Ltd’s asset preservation unlawful but leaving the other applicants’ challenge to the return day.

• Tax Preservation Order
• Urgent Application
• Curator Bonis Powers
• Tax Administration Act
• Anticipation Of Return Date
• Tax-preservation-order

L.M.G v D.J.M (22730/2017)

L.M.G v D.J.M (22730/2017) [2021] ZAGPPHC 396; 2021 (5) SA 607 (GP) (15 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

22730/2017

Judge

E.M Kubushi

The court held that, although common law generally prohibits a curator bonis from instituting divorce proceedings on behalf of an incapacitated person due to the personal nature of marriage, the interests of justice may require development of the common law in exceptional circumstances. In this case, the patient was permanently incapacitated and unable to make decisions regarding the marriage. The court order expressly authorised the curator bonis to institute matrimonial proceedings, and such an order must be obeyed until set aside. However, the court order also made the exercise of these po…

Source excerpt

• Curator Bonis Powers
• Locus Standi
• Divorce Proceedings
• Master Approval
• Irretrievable Breakdown
• Court Order Compliance

Land and Agricultural Bank of South Africa and Others v CPAD Farm Holdings and Others (2667/2017)

Land and Agricultural Bank of South Africa and Others v CPAD Farm Holdings and Others (2667/2017) [2020] ZALCPE 9 (11 February 2020)

Court

Labour Court Port Elizabeth

Case number

2667/2017

Judge

Goosen

The High Court varied a POCA forfeiture order to recognise the Land Bank’s bond rights and the Department’s grant-funded interest in forfeited property.

• Forfeiture Order Variation
• Prevention Of Organised Crime Act
• Mortgage Bond Priority
• Exclusion Of Interests
• Land Reform Grants
• Curator Bonis Powers

Mngomezulu and Others v National Director of Public Prosecutions (446/05)

Mngomezulu and Others v National Director of Public Prosecutions (446/05) [2007] ZASCA 11; [2007] 4 All SA 979 (SCA); 2007 (2) SACR 274 (SCA) (16 March 2007)

Court

Supreme Court of Appeal

Case number

446/05

Judges

Streicher, Heher, Combrinck, Snyders, Musi

The Supreme Court of Appeal held that POCA section 28 can authorise a curator bonis to sell restrained assets when needed to properly administer them.

• Prevention Of Organised Crime Act
• Restraint Order
• Curator Bonis Powers
• Confiscation Order
• Prevention-of-organised-crime-act
• Restraint-order

Mngomezulu and Another v Van Den Heever NO and Another (626/05)

Mngomezulu and Another v Van Den Heever NO and Another (626/05) [2006] ZASCA 119; [2007] 2 All SA 357 (SCA); 2007 (2) SACR 266 (SCA) (29 November 2006)

Court

Supreme Court of Appeal

Case number

626/05

Judges

Howie, Zulman, Cameron, Mthiyane, Theron

The Supreme Court of Appeal held that surrender of a restrained home under POCA was not eviction, and the curator bonis could impose reasonable preservation conditions.

• Prevention Of Organised Crime Act
• Restraint Order
• Curator Bonis Powers
• Surrender Of Property
• Eviction Rights
• Prevention-of-organised-crime-act