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South Africa Case Law

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Civil Procedure [2021] ZAGPJHC 31

Ngonyama and Another v Ntsimbintle Holdings (Pty) Ltd and Others (21/5779)

Ngonyama and Another v Ntsimbintle Holdings (Pty) Ltd and Others (21/5779) [2021] ZAGPJHC 31 (26 February 2021)

The High Court granted urgent interim relief preserving disputed dividends in an interest-bearing account pending final appeal outcomes.

  • Interim Interdict
  • Dividend Distribution
  • Beneficial Ownership
  • Liquidation Procedure
  • Fronting Practice
  • Broad Based Black Economic Empowerment
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Commercial And Corporate [2016] ZAFSHC 43

Morobi and Others v Umyezo Leisure Investments (Pty) Ltd and Others (2501/2015)

Morobi and Others v Umyezo Leisure Investments (Pty) Ltd and Others (2501/2015) [2016] ZAFSHC 43; [2016] 2 All SA 845 (FB) (28 January 2016)

The High Court dismissed an application for an interim interdict, finding the applicants failed to prove a prima facie right, imminent harm, balance of convenience, or lack of alternative remedy.

  • Interim Interdict
  • Fiduciary Duty Of Directors
  • Shareholder Rights
  • Section 163 Companies Act
  • Corporate Governance
  • Dividend Distribution
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Tax Law [2002] ZASCA 161

Commissioner For The South African Revenue Service v Scribante Construction (Pty) Ltd (026/2001)

Commissioner For The South African Revenue Service v Scribante Construction (Pty) Ltd (026/2001) [2002] ZASCA 161; 2002 (4) SA 835 (SCA); 64 SATC 379 (14 May 2002)

South Africa’s Supreme Court of Appeal held that interest on shareholder loan accounts credited with dividends was deductible under section 11(a) and not barred by section 23(g).

  • Income Tax Deduction
  • Interest On Shareholder Loans
  • Dividend Distribution
  • Section 11a
  • Section 23g
  • Income-tax
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Tax Law [1993] ZASCA 197

Commissioner for Inland Revenue v Giuseppe Brollo Properties (Pty) Ltd. (392/92)

Commissioner for Inland Revenue v Giuseppe Brollo Properties (Pty) Ltd. (392/92) [1993] ZASCA 197; 1994 (2) SA 147 (AD); (1 December 1993)

South Africa’s Appellate Division held that interest on a loan account created to discharge a dividend debt was not deductible under section 11(a).

  • Income Tax Deduction
  • Interest On Loans
  • Purpose Of Expenditure
  • Dividend Distribution
  • Income-tax
  • Interest-deduction
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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.