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South Africa Case Law

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Commercial And Corporate [2023] ZANWHC 49

Rustenburg Crematorium (Pty) Ltd and Others v Jordaan N.O and Others (CIV APP FB 01/2018)

Rustenburg Crematorium (Pty) Ltd and Others v Jordaan N.O and Others (CIV APP FB 01/2018) [2023] ZANWHC 49 (6 April 2023)

The Full Court upheld an appeal against a final liquidation order and replaced it with dismissal of the liquidation application, with costs.

  • Final Liquidation
  • Companies Act Compliance
  • Directors Remuneration
  • Shareholder Dispute
  • Final-liquidation
  • Companies-act-compliance
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Commercial And Corporate [2022] ZAGPJHC 872

Chase Willow Financial Services (PTY) Ltd v Debt Rescue (PTY) Ltd and Others (55941/2021)

Chase Willow Financial Services (PTY) Ltd v Debt Rescue (PTY) Ltd and Others (55941/2021) [2022] ZAGPJHC 872 (7 November 2022)

The court held that salary increases and bonuses for a director required shareholder approval under the MOI, and set aside the impugned resolutions.

  • Memorandum Of Incorporation Interpretation
  • Reserved Matters
  • Directors Remuneration
  • Bonus Payments
  • Shareholder Rights
  • Derivative Action
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Commercial And Corporate [2021] ZAGPPHC 199

Mhlwana and Another v Denel SOC Ltd (40858/19)

Mhlwana and Another v Denel SOC Ltd (40858/19) [2021] ZAGPPHC 199 (19 March 2021)

The High Court held that Denel’s board resolutions on conversion payments to executive directors were unlawful without shareholder approval, dismissed the claim, and granted Denel’s counter-application.

  • Directors Remuneration
  • Companies Act Section 66
  • State Owned Enterprise Guidelines
  • Ultra Vires Board Resolutions
  • Employment Contract Conversion
  • Directors-remuneration
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Commercial And Corporate [2020] ZAWCHC 74

Marib Holdings (Pty) Ltd v Parring NO and Others (22058/2019)

Marib Holdings (Pty) Ltd v Parring NO and Others (22058/2019) [2020] ZAWCHC 74 (7 August 2020)

The High Court refused to set aside a section 165 demand seeking recovery of directors’ remuneration allegedly paid without the required shareholder resolution.

  • Companies Act Section 165
  • Directors Remuneration
  • Special Resolution Requirement
  • Derivative Action
  • Fiduciary Duties
  • Corporate Governance
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Commercial And Corporate [1992] ZASCA 124

Alenson v A B Brickworks (Pty) Ltd (554/90)

Alenson v A B Brickworks (Pty) Ltd (554/90) [1992] ZASCA 124; 1993 (1) SA 62 (AD); (1 September 1992)

The court held that a settlement clause required the appellant to refund 50% of reassessment tax, but set aside an award of expert qualifying fees.

  • Contractual Indemnity
  • Income Tax Reassessment
  • Interpretation Of Contract
  • Qualifying Fees
  • Directors Remuneration
  • Contractual-indemnity
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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.