Zinyana v Smith and Others (28764/2021)
Zinyana v Smith and Others (28764/2021) [2023] ZAGPJHC 827; 2023 (2) SACR 532 (GJ) (22 June 2023)
The court found that the respondents' version implied an intentional misrepresentation to Eskom regarding the shareholders agreement, raising a prima facie suspicion of an offence under PRECCA. While judicial officers are not expressly required to report under section 34, the directors of NJM have a statutory duty to do so. The court determined it was appropriate to refer the matter for investigation and to direct the directors to comply with their reporting obligations. The settlement reached between the parties was unobjectionable, related directly to the litigation, and all relevant partie…
Source excerpt
- Shareholders Agreement
- Section 163 Companies Act
- Prevention And Combating Of Corrupt Activities Act
- Duty To Report Corruption
- Consent Order
- Forensic Valuation