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South Africa decisions
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G.D v G.J.D and Others (2427/2020) [2025] ZAECQBHC 22 (29 July 2025)
The High Court set aside an urgent order suspending business rescue, holding that affected employees and creditors were not joined and would be prejudiced.
Rent a Tank JHB (Pty) Limited v Fuelgiants (Pty) Limited (2025/012156) [2025] ZAGPJHC 517 (19 May 2025)
The court held that the statutory requirements for effective notice to respondents, employees, and trade unions in liquidation and sequestration applications are mandatory and have been in force for over two decades. The purpose is to ensure that all affected parties are informed and can participate in proceedings that have far-reaching consequences, including the loss of control over assets and the establishment of a concursus creditorum. In the matters before the court, applicants routinely failed to comply with these requirements, relying on service at registered addresses that were not pr…
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Absa Bank Limited v Crossmoor Transport (Pty) Limited and Another (8991/19P) [2020] ZAKZPHC 32 (30 July 2020)
The High Court granted provisional liquidation against Crossmoor Transport, finding it insolvent and unable to pay its debts, while issuing a rule nisi for final winding-up.
Kruger and Others v Aciel Geomatics (Pty) Ltd (JA87/2014) [2016] ZALAC 29; (2016) 37 (ILJ) 2567 (LAC) (14 June 2016)
The Labour Appeal Court held that cancelling a non-exclusive distribution agreement did not trigger section 197 of the LRA, and dismissed the appeal.
TMS Group Industrial Services (Pty) Ltd t/a Vericon v Unitrans Supply Chain Solutions (Pty) Ltd and Others (JA58/2014) [2014] ZALAC 39; [2014] 10 BLLR 974 (LAC); (2015) 36 ILJ 197 (LAC) (6 August 2014)
The court held that the warehousing services provided by the first respondent to the third respondent constituted a discrete business or economic entity. Upon termination of the initial warehousing agreement, the appellant assumed the right to use the same assets, infrastructure, and premises to continue providing identical services to the third respondent. The evidence showed that the appellant performed the same activities, using the same equipment and IT systems, and that the affected employees worked exclusively on the Nampak contract. The group structure did not alter the reality that th…
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Chemical Energy Papers Printing Wood and Allied Workers Union v Hydro Colour Inks (Pty) Ltd and Another (J1346/2010) [2011] ZALCJHB 8; (2011) 32 ILJ 1677 (LC) (11 February 2011)
The court found that the facts established a transfer of business as a going concern from Hydro Colour Inks (Pty) Ltd to Evergreen Coatings (Pty) Ltd. Evergreen continued the same business activities, employed the same staff, operated from the same premises, and served the same customers. The only change was the name of the entity. The court held that the substance of the transaction, not its form, determines whether a transfer occurred under section 197 of the Labour Relations Act. The argument that Evergreen started a new business was rejected as overly technical and contrary to the protect…
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Cherry Creek Trading 14 (Pty) Ltd and Northwest Star (Pty) Ltd (52/LM/Jul04) [2004] ZACT 67; [2004] 2 CPLR 281 (CT) (20 October 2004)
The Competition Tribunal conditionally approved the merger, finding no competition harm but imposing conditions on price transparency and employee retrenchment protection.
Telkom SA Ltd and Another and Praysa Trade 1062 (Pty) Ltd (81/LM/Aug00) [2000] ZACT 43 (6 October 2000)
The Competition Tribunal approved Telkom’s large merger with conditions protecting transferred employees and limiting retrenchments for 20 months.
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