South Africa Case Law

Cross Med Health Centre (Pty) Limited v Board of Healthcare Funders NPC and Others (2023/082674)

Cross Med Health Centre (Pty) Limited v Board of Healthcare Funders NPC and Others (2023/082674) [2024] ZAGPJHC 1190 (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/082674

Judge

Theron

The High Court dismissed Dr Yako’s counter-application, finding he lacked standing, was disqualified as an unrehabilitated insolvent, and was barred by res judicata.

• Locus Standi
• Director Disqualification
• Issue Estoppel
• Res Judicata
• Practice Code Numbering
• Company Liquidation

Companies and Intellectual Property Commission v Zwane (73548/2018)

Companies and Intellectual Property Commission v Zwane (73548/2018) [2019] ZAGPPHC 381 (8 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

73548/2018

Judge

Tuchten

The court declared a company director disqualified and delinquent after finding he knowingly accepted NECSA director fees without required approval.

• Director Disqualification
• Delinquency Order
• Companies Act 71 Of 2008
• Issue Estoppel
• Breach Of Trust
• Director-disqualification

Dinath N.O and Others v Mukhawana & Mukhawana Suplly & Logistics (Pty) Ltd (27679/2018)

Dinath N.O and Others v Mukhawana & Mukhawana Suplly & Logistics (Pty) Ltd (27679/2018) [2019] ZAGPPHC 1065 (28 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

27679/2018

Judge

Neukircher

The High Court granted a final liquidation order against the respondent, finding the opposition unauthorised, service compliant, and the company commercially insolvent.

• Final Liquidation Order
• Director Disqualification
• Fraudulent Transactions
• Commercial Insolvency
• Just And Equitable Winding Up
• Liquidation

Freedom Property Fund Limited and Another v Stavridis and Others (3396/2016)

Freedom Property Fund Limited and Another v Stavridis and Others (3396/2016) [2017] ZAECGHC 133; [2018] 3 All SA 550 (ECG) (24 May 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

3396/2016

Judge

T Malusi

The court held that, except for the third exception, the plaintiffs' particulars of claim were not vague and embarrassing and disclosed valid causes of action. Joinder of certain defendants was permissible as a matter of convenience, and legal terms used in the pleadings were standard and not excipiable. The allegations regarding director disqualification, beneficial interest in trusts, and diversion of corporate opportunities were legally sustainable, provided the pleadings were read holistically. The calculation of damages in the delictual claim was pragmatically appropriate. The third exce…

Source excerpt

• Joinder Of Parties
• Fiduciary Duties
• Corporate Opportunity
• Misrepresentation
• Vague And Embarrassing Pleading
• Director Disqualification

Entrepreneurial Business School (Pty) Ltd and Others v Africa Creek Investment (Pty) Ltd and Others (3232/2016)

Entrepreneurial Business School (Pty) Ltd and Others v Africa Creek Investment (Pty) Ltd and Others (3232/2016) [2016] ZAWCHC 53 (12 May 2016)

Court

Western Cape High Court, Cape Town

Case number

3232/2016

Judge

Binns-Ward

The High Court declared that the applicants remained directors, held the bank mandate changes unauthorized, and found the second respondent disqualified as a director.

• Director Disqualification
• Company Directorship
• Bank Mandate Authority
• Share Transfer Dispute
• Interim Interdict
• Rectification Of Cipc Records

Body Corporate Bedford Place v Mesquita (44397/2014)

Body Corporate Bedford Place v Mesquita (44397/2014) [2015] ZAGPJHC 345 (6 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

44397/2014

Judge

L Windell

The court found that the respondent is hopelessly insolvent and has failed to make bona fide disclosures regarding his financial position and assets. The respondent's conduct, including repeated promises and inconsistent versions regarding payment and asset disposition, justified the appointment of a trustee to investigate and realise assets for the benefit of creditors. The court held that the applicant had provided sufficient evidence to satisfy the requirements of section 12(1)(c) of the Insolvency Act, as there is a reasonable prospect that sequestration will result in some benefit to cre…

Source excerpt

• Final Sequestration
• Advantage To Creditors
• Insolvency Act Section 12
• Creditor Preference
• Director Disqualification

Law Society of the Free State v Roux and Another (3547/2015)

Law Society of the Free State v Roux and Another (3547/2015) [2015] ZAFSHC 172 (4 September 2015)

Court

Free State High Court, Bloemfontein

Case number

3547/2015

Judge

Rampai

The court confirmed the interim suspension of an attorney who had been sequestrated and was practising for a law firm without a valid fidelity fund certificate.

• Attorneys Act Section 41
• Fidelity Fund Certificate
• Director Disqualification
• Urgent Interdict
• Company Directorship
• Urgent-interdict

Corporate Money Managers (Pty) Ltd and Others v Panomo Properties 49 (Pty) Ltd (65348/2012)

Corporate Money Managers (Pty) Ltd and Others v Panomo Properties 49 (Pty) Ltd (65348/2012) [2013] ZAGPPHC 132 (24 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

65348/2012

Judge

Pretorius

The High Court granted a provisional compulsory winding-up order, set aside any voluntary liquidation, and held that the respondent was commercially insolvent.

• Compulsory Winding Up
• Voluntary Liquidation
• Commercial Insolvency
• Director Disqualification
• Compulsory-winding-up
• Voluntary-liquidation

Kruger N.O and Others v Blue Dot Properties (Pty) Ltd (70273/2009)

Kruger N.O and Others v Blue Dot Properties (Pty) Ltd (70273/2009) [2011] ZAGPPHC 90 (23 February 2011)

Court

North Gauteng High Court, Pretoria

Case number

70273/2009

Judge

Pretorius

The court confirmed a provisional winding-up order against Blue Dot Properties, finding it insolvent and holding that a director who was an unrehabilitated insolvent could not oppose.

• Company Liquidation
• Director Disqualification
• Syndication Scheme Regulation
• Government Gazette Compliance
• Locus Standi
• Intervention Application

Fourie (2867/2008), Ex parte

Fourie (2867/2008), Ex parte [2008] ZAKZHC 45; [2008] 4 All SA 340 (D) (1 July 2008)

Court

High Courts - Kwazulu Natal

Case number

2867/2008

Judge

Naidu

The High Court refused an insolvent's rehabilitation application after finding incomplete disclosure, misleading evidence about his fraud conviction, and concerns over future conduct.

• Rehabilitation Of Insolvent
• Director Disqualification
• Fraudulent Conduct
• Creditor Interests
• Rehabilitation-of-insolvent
• Fraud