South Africa Case Law

Dawson v Sidney on Vaal CPA and Another (603/2019)

Dawson v Sidney on Vaal CPA and Another (603/2019) [2021] ZANCHC 2; [2021] 2 All SA 429 (NC); 2021 (6) SA 167 (NCK) (8 January 2021)

Court

Northern Cape High Court, Kimberley

Case number

603/2019

Judge

Van Tonder

The court held that maladministration, as alleged by the applicant, is not an independent ground for placing a communal property association under administration unless it results in the association being unwilling or unable to pay its debts or meet its obligations. The evidence showed that the CPA was financially sound, able to pay dividends, and that the current executive committee, elected in October 2018, had addressed prior irregularities. Most of the applicant's complaints related to events before the current committee's tenure, during which the applicant himself held a position of resp…

Source excerpt

• Communal Property Associations Act
• Maladministration
• Just And Equitable Remedy
• Fiduciary Duties
• Internal Remedies
• Dividend Payments

Executive Officer of the Financial Services Board v New Era Life Insurance Company Limited and Others (40043/2009)

Executive Officer of the Financial Services Board v New Era Life Insurance Company Limited and Others (40043/2009) [2009] ZAGPPHC 102 (3 September 2009)

Court

North Gauteng High Court, Pretoria

Case number

40043/2009

Judge

Hartzenberg

The High Court confirmed an ex parte curatorship order over New Era Life Insurance, citing governance failures, improper share control, and dividend concerns.

• Curatorship Of Financial Institution
• Corporate Governance
• Shareholding Control
• Dividend Payments
• Urgent Ex Parte Relief
• Curatorship