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South Africa decisions
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Van Rensburg v Freedom Property Fund Ltd (5421/2023) [2025] ZALMPPHC 133 (7 July 2025)
The High Court partly upheld a claim for unpaid contractual payments and attorney’s fees, but dismissed a director’s-fees claim under section 163.
G.C.W v S.W (D5862/2018) [2024] ZAKZDHC 56 (5 August 2024)
The High Court granted an urgent order compelling discovery of financial records in a divorce matter, with confidentiality protections for some company statements.
Zelbree Investments (PTY) Limited and Others v Theunissen (A3034/2020) [2022] ZAGPJHC 877 (15 November 2022)
High Court appeal on director remuneration under section 66(9) of the Companies Act upheld the special plea: no special resolution meant no director’s fees.
Miller v Natmed Defence (Pty) Ltd (18245/2019) [2021] ZAGPJHC 352; 2022 (2) SA 554 (GJ) (24 August 2021)
The court found that the removal of the applicant as director by the shareholder was procedurally compliant with section 71(1) of the Companies Act, 2008, which does not require shareholders to provide reasons for removal in advance. The applicant was given notice and an opportunity to make representations, and any deficiencies in the notice period or the telephonic nature of the meeting did not prejudice him sufficiently to warrant setting aside the decision. The applicant's claim for reinstatement as director was dismissed, as the breakdown of trust between the parties rendered such relief…
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Westerhuis v Whittaker and Others (4145/2017) [2018] ZAWCHC 76 (26 April 2018)
The court dismissed a minority shareholder application alleging unauthorised director remuneration, personal expenses, and oppressive conduct in a family company.
Bodigelo v Public Investment Corporation Ltd (A1070/2010) [2012] ZAGPPHC 225 (10 October 2012)
The High Court held that director’s fees paid to a nominee non-executive director belonged to the appellant, and the employer had no basis to retain them.
Amoils and Others v Amoils and Others (127/86) [1987] ZASCA 77 (27 August 1987)
The court held that the rights under clause 4.2.2 of the agreement were not personal to Louis Amoils but attached to the shares and were intended to be transmissible to his successors in title. The agreement's purpose was to equalise the brothers' interests in the company, and nothing in the agreement effectively detracted from this conclusion. The recurring nature of the obligations under clause 4.2.2 meant that each biennial right to nominate a director constituted a separate cause of action, and thus, prescription did not bar future claims. Regarding director's fees, the court found that t…
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Gray and Others v Thesing Vastgoed BV and Others (267/85/av) [1986] ZASCA 129; [1987] 1 All SA 409 (A) (21 November 1986)
The Appellate Division held that the share-sale and lease arrangement did not amount to prohibited financial assistance by the company under section 38(1).
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