South Africa Case Law

Du Plessis and Others v Pieterse and Others (9912/23)

Du Plessis and Others v Pieterse and Others (9912/23) [2024] ZALMPPHC 127 (9 September 2024)

Court

Limpopo High Court, Polokwane

Case number

9912/23

Judge

Sikhwari

The court found that the applicants failed to meet the elevated threshold for leave to appeal as set out in section 17 of the Superior Courts Act. The resolutions taken by the majority directors without inviting the minority directors were irregular and unlawful, as proper procedure under the Companies Act requires all directors to be invited and allowed to declare conflicts. The court emphasized that its previous order did not prevent the applicants from pursuing litigation against debtors of the third applicant, but required compliance with lawful procedures. There is no reasonable prospect…

Source excerpt

• Leave To Appeal Threshold
• Directors Meetings
• Companies Act Compliance
• Costs Orders

Klomp v Western & Eastern Cape Consulting Engineers (Pty) Ltd and Others (14243/20)

Klomp v Western & Eastern Cape Consulting Engineers (Pty) Ltd and Others (14243/20) [2020] ZAWCHC 135 (27 October 2020)

Court

Western Cape High Court, Cape Town

Case number

14243/20

Judge

M Sher

The High Court dismissed an urgent challenge to a precautionary suspension and related disciplinary proceedings, holding the dispute was mainly labour-related and the urgency was self-created.

• Directors Meetings
• Precautionary Suspension
• Exclusive Jurisdiction
• Notice Requirements
• Conflict Of Interest
• Directors-meetings