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South Africa Case Law

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Criminal Law [2021] ZAWCHC 177

Malherbe v S (A49/2021)

Malherbe v S (A49/2021) [2021] ZAWCHC 177; [2021] 4 All SA 510 (WCC) (6 September 2021)

The High Court upheld the appeal, setting aside the fraud and money laundering convictions and sentences against the appellant and EUS.

  • Fraud
  • Money Laundering
  • Public Finance Management Act
  • Broad Based Black Economic Empowerment
  • Procurement Policy
  • Director Conflict Of Interest
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Commercial And Corporate [2021] ZAGPPHC 355

Safety Grip CC v Advent Oil (Pty) Ltd and Others v Arvoprox (Pty) Ltd (96949/2015; 96948/2015)

Safety Grip CC v Advent Oil (Pty) Ltd and Others v Arvoprox (Pty) Ltd (96949/2015; 96948/2015) [2021] ZAGPPHC 355 (18 May 2021)

The court dismissed leave to appeal, upholding that a credit agreement was invalid under section 75(3) of the Companies Act and that a suretyship was signed in error.

  • Companies Act Section 75
  • Director Conflict Of Interest
  • Credit Agreement Invalidity
  • Suretyship Liability
  • Companies-act-section-75
  • Director-conflict-of-interest
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Civil Procedure [2019] ZAGPJHC 122

Lindeque and Others v Hirsch and Others, In Re: Prepaid24 (Pty) Limited (2019/8846)

Lindeque and Others v Hirsch and Others, In Re: Prepaid24 (Pty) Limited (2019/8846) [2019] ZAGPJHC 122 (3 May 2019)

Urgent interim interdict application struck from the roll for self-created urgency after delay in challenging notice terminating a service agreement.

  • Urgent Interdict
  • Self Created Urgency
  • Board Resolution
  • Service Level Agreement Termination
  • Director Conflict Of Interest
  • Urgent-interdict
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Commercial And Corporate [2016] ZAWCHC 18

Inhouse Venue Technical Management (Pty) Ltd and Others v Omar and Another; In re: Omar v Inhouse Venue Technical Management (Pty) Ltd and Others (13902/2015)

Inhouse Venue Technical Management (Pty) Ltd and Others v Omar and Another; In re: Omar v Inhouse Venue Technical Management (Pty) Ltd and Others (13902/2015) [2016] ZAWCHC 18 (26 February 2016)

The court held that the proper interpretation of the prior order is that the chartered accountant, in determining the fair market value of Omar's shares, must take into account the contraventions of section 75 of the Companies Act in respect of purchases from related parties, rental paid to related parties, and management fees. However, this does not mean that such expenses must be excluded entirely from the valuation. Instead, the accountant is required to attribute market related values to these transactions, substituting actual expenses only if they are not market related. The purpose of s…

  • Companies Act Section 163
  • Minority Shareholder Relief
  • Fair Market Valuation
  • Director Conflict Of Interest
  • Section 75 Contravention
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Commercial And Corporate [2015] ZAWCHC 221

Omar v Inhouse Venue Technical Management (Pty) Limited and Others (2015 (3) SA 146 (WCC);

Omar v Inhouse Venue Technical Management (Pty) Limited and Others (2015 (3) SA 146 (WCC); [2015] 2 All SA 39 (WCC)) [2015] ZAWCHC 221; [2015] ZAWCHC 10 (6 February 2015)

Minority shareholder oppression claim granted: the court ordered a buy-out of Omar’s shares and declared directors’ undisclosed related-party transactions invalid.

  • Minority Shareholder Oppression
  • Section 163 Relief
  • Fiduciary Duties
  • Director Conflict Of Interest
  • Share Valuation
  • Arbitration Clauses
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.