South Africa Case Law

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Sentence) (CC 82/2017)

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Sentence) (CC 82/2017) [2024] ZAGPPHC 1387 (6 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC 82/2017

Judge

Spilg

The court found that BP Southern Africa (Pty) Ltd was guilty of contravening section 22(1) read with section 29(4) of the Environmental Conservation Act by constructing filling stations without the required environmental authorisation. The offences triggered liability under section 34(3) of NEMA for counts 12 to 21, as environmental degradation was established at Rabie Ridge and inadequate authorisation and disclosure were proven for other sites. The court exercised its discretion to impose a fine equal to the financial advantage gained by BP during the period of unauthorised operation, calcu…

Source excerpt

• Environmental Authorisation
• Failure To Obtain Authorisation
• Disgorgement Of Profits
• Assessment Of Advantage Gained
• Environmental Degradation
• Sentencing Principles

Dangerous Good International SA (Pty) Ltd v JAG Freight (Pty) Ltd and Another (18901/2023)

Dangerous Good International SA (Pty) Ltd v JAG Freight (Pty) Ltd and Another (18901/2023) [2024] ZAWCHC 169; [2024] 3 All SA 481 (WCC) (30 May 2024)

Court

Western Cape High Court, Cape Town

Case number

18901/2023

Judge

Mahomed

The High Court refused provisional liquidation, finding the applicant’s claims for disgorgement and damages were bona fide disputed on reasonable grounds.

• Winding Up Of Company
• Unlawful Competition
• Fiduciary Duty
• Disgorgement Of Profits
• Bona Fide Dispute
• Badenhorst Rule

RFS Administrator v Samons and Others (JA114/22)

RFS Administrator v Samons and Others (JA114/22) [2024] ZALAC 10; [2024] 7 BLLR 722 (LAC); (2024) 45 ILJ 2013 (LAC) (11 April 2024)

Court

Labour Appeal Court

Case number

JA114/22

Judges

Savage, Smith, Malindi

The Labour Appeal Court held that the respondents remained RFS employees, but the bonus payments were not secret profits and no contractual damages were proved.

• Basic Conditions Of Employment Act
• Contractual Damages
• Fiduciary Duties
• Disgorgement Of Profits
• Secondment
• Definition Of Employee

Webber Wentzel v Essop and Another (20954/2017)

Webber Wentzel v Essop and Another (20954/2017) [2023] ZAGPJHC 438 (8 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

20954/2017

Judge

Wright

Default judgment was granted against a former employee for alleged bribery linked to contract awards, with disgorgement of bribe amounts and forensic investigation costs ordered.

• Bribery And Corruption
• Disgorgement Of Profits
• Default Judgment
• Expert Evidence
• Default-judgment
• Bribery-and-corruption

Transnet Second Defined Benefit Fund v Wood (21875/21)

Transnet Second Defined Benefit Fund v Wood (21875/21) [2022] ZAGPJHC 906 (10 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

21875/21

Judge

N Manoim

The court found that the Fund established a prima facie case for provisional sequestration. The evidence showed Wood, through entities he controlled, received substantial payments from the Fund's accounts as a result of breaches of fiduciary duty, including improper fee deductions and excessive bond trading (bond churning) that benefited Regiments entities at the Fund's expense. The claims were liquidated, fixed, and determined. The Fund did not freely consent to the disputed transactions, nor was there full disclosure. The respondent's defences, including reliance on the mandate, lack of pri…

Source excerpt

• Provisional Sequestration
• Fiduciary Duties
• Disgorgement Of Profits
• Conflict Of Interest
• Liquidated Claims
• Financial Services Regulation

Special Investigating Unit v Pro Serve Consulting and Others (GP20/2021)

Special Investigating Unit v Pro Serve Consulting and Others (GP20/2021) [2022] ZAST 1 (21 January 2022)

Court

Special Tribunal

Case number

GP20/2021

Judge

L.T Modiba

The Tribunal found that the SIU established a prima facie case that the appointment of Thenga Holdings to the AGA Hospital project was irregular and unlawful, as no valid tender process was followed and the tender documentation was incomplete and compiled after the fact. While Pro Serve Consulting's panel appointment was extended, deficiencies in service level agreements and scope of works rendered its appointment vulnerable to review. The SIU met the requirements for urgency, as the imminent expiry of FIC notices and ongoing dissipation of funds would deny substantive redress if not preserve…

Source excerpt

• Public Procurement Irregularity
• Preservation Order
• Urgency Requirements
• Just And Equitable Relief
• Disgorgement Of Profits
• Wasteful Expenditure

Wattpower Solutions CC and Another v Transnet SOC Limited and Another (D6346/2019)

Wattpower Solutions CC and Another v Transnet SOC Limited and Another (D6346/2019) [2021] ZAKZDHC 46; [2022] 1 All SA 892 (KZD) (20 December 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D6346/2019

Judge

M R Chetty

The court found that Transnet's due diligence investigation was lawful and not a repeat of the functionality assessment, as the tender invitation and applicable regulations permitted a further assessment of capacity and capability after the functionality stage. The applicants failed to demonstrate that the process was unfair or that the criteria applied were not objective. The extension of the tender validity period was valid, as only responsive bidders needed to be consulted, and disqualified bidders had no further interest. Even if there were irregularities, they were not material and did n…

Source excerpt

• Public Procurement
• Preferential Procurement Policy Framework Act
• Due Diligence In Tender Awards
• Extension Of Tender Validity Period
• Objective Criteria In Tender Evaluation
• Disgorgement Of Profits

Special Investigation Unit and Another v Msagala and Others (GP05/2020)

Special Investigation Unit and Another v Msagala and Others (GP05/2020) [2021] ZAST 2 (31 August 2021)

Court

Special Tribunal

Case number

GP05/2020

Judge

L T Modiba

The Tribunal found, on a balance of probabilities, that Msagala received secret profits amounting to R26,423,028.77 from IGS and Sithole while employed by Transnet, in breach of his employment duties. The evidence showed that cash deposits into the Msagala Investment Trust account correlated with payments from Transnet to IGS and subsequent cash cheques issued by IGS, which were cashed by Msagala or his associates. The Tribunal rejected the defence that these funds were derived from other businesses or loan repayments, finding such explanations improbable and unsupported by evidence. IGS and…

Source excerpt

• Breach Of Fiduciary Duty
• Secret Profits
• Disgorgement Of Profits
• Statement And Debatement Of Account
• Punitive Costs
• Forfeiture Of Assets

Marce Projects (Pty) Ltd and Others v City of Johannesburg Metropolitan and Others (33291/2019)

Marce Projects (Pty) Ltd and Others v City of Johannesburg Metropolitan and Others (33291/2019) [2021] ZAGPJHC 138 (3 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

33291/2019

Judge

Siwendu

Leave to appeal was dismissed in a procurement-related dispute after the applicant failed to comply with disclosure, verification, and delivery orders.

• Public Procurement
• Disgorgement Of Profits
• Remedial Powers Of Court
• Financial Disclosure
• Leave To Appeal
• Supervisory Jurisdiction

Derbigum Manufacturing (Pty) Ltd v Callegaro and Others (21041/2009, 17893/2011)

Derbigum Manufacturing (Pty) Ltd v Callegaro and Others (21041/2009, 17893/2011) [2013] ZAGPJHC 322 (17 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

21041/2009, 17893/2011

Judge

L Windell

The High Court held that res judicata did not bar a second action for damages arising from a director’s misconduct because the earlier action had not finally decided the same issue.

• Res Judicata
• Fiduciary Duty
• Director Liability
• Disgorgement Of Profits
• Damages Claim
• Issue Estoppel