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South Africa decisions
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Wessels N.O and Another v Selosesha Development (Pty) Ltd and Others (3492/2024) [2025] ZAFSHC 53 (27 February 2025)
The High Court dismissed a Rule 23 exception, holding the particulars of claim were sufficiently pleaded and not prejudicially vague.
National Prosecuting Authority v Dynolog Rental (Pty) Ltd t/a Dynamic Truck Rental and Others (4389/2022) [2023] ZAFSHC 101 (21 February 2023)
The High Court dismissed the NPA’s application for a final restraint order, finding no proper basis under POCA and no evidence of theft or imminent dissipation.
De Bruyn v Steinhoff International Holdings N.V. and Others (29290/2018) [2020] ZAGPJHC 145; 2022 (1) SA 442 (GJ) (26 June 2020)
The court found that the applicant's proposed class action did not raise a triable issue in law. Under South African company law, directors' fiduciary duties and auditors' statutory duties are owed to the company, not to shareholders, except in special circumstances not pleaded here. The common law does not recognize a direct claim by shareholders for pure economic loss resulting from misstatements in financial statements or audit reports. Statutory claims under the Companies Act, including sections 218(2) and 20(6), do not confer a right of action on shareholders for their own losses in thes…
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De Waal Alberts and Others v Nel NO (128/2018) [2019] ZASCA 33 (28 March 2019)
The Supreme Court of Appeal held that summary judgment should not have been granted because the alleged guarantee raised a bona fide defence and was unclear.
Morudi and Others v NC Housing Services and Development Co Ltd and Others (903/2016) [2017] ZASCA 121 (22 September 2017)
The majority held that the requirements for rescission were not met. The appellants failed to establish a bona fide defence with prospects of success, as the urgent application to set aside the 19 April 2013 resolution was dismissed and not appealed, leaving the resolution intact. The withdrawal of opposition by the company bound the appellants, who were cited in their representative capacities, and their attempt to challenge the withdrawal had failed. The court found no procedural irregularity or infringement of rights under section 34 of the Constitution. The appeal was dismissed with costs…
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South African Securitisation Program (RF) Limited and Others v Leppan Beech Incorporated and Others (67751/2011) [2014] ZAGPPHC 736 (19 September 2014)
The High Court refused leave to appeal, holding there were no reasonable prospects of success and confirming costs against the sixth, seventh and eighth defendants.
Burmeister and Another v Avenue Brittany (Pty) Ltd and Others (4523/2011) [2012] ZAWCHC 328 (11 October 2012)
The court found that the delay in prosecution between 2004 and 2006 was not sufficient to refuse restoration of the company, especially as the deregistration was based on a misstatement by the directors regarding liabilities. The pleadings had closed and liability had been admitted prior to deregistration. The respondents' reliance on case law was distinguishable, as those cases involved active steps to dismiss litigation for want of prosecution, which was not present here. Restoration was ordered, and acts undertaken during deregistration were deemed valid for litigation purposes. Costs were…
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Jukuda v African Pioneer Investment Holdings Ltd and Another (1770/2008) [2008] ZAECHC 191 (7 November 2008)
The court dismissed an application for summary judgment, finding non-compliance with rule 32 and that the respondents had raised bona fide defences.
Maritz and Another v Maritz and Pieterse Inc (175/2004) [2005] ZASCA 49; 2006 (3) SA 481 (SCA) (30 May 2005)
The Supreme Court of Appeal held that liquidators could not sue former directors under s 23(1)(a) of the Attorneys Act for creditors’ claims proved in liquidation.
Fundtrust (Pty) Ltd (in liquidation) v Van Deventer (365/95) [1996] ZASCA 125; [1997] 1 All SA 644 (A) (8 November 1996)
The court held that directors’ liability under section 53(b) of the Companies Act 61 of 1973 is limited to contractual debts and does not extend to statutory preferences.
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