South Africa Case Law

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863)

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863) [2025] ZAWCHC 345 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/127863

Judge

Morrissey AJ

The High Court granted urgent access and inspection relief to an insurer against its underwriting manager after unauthorised offshore guarantees and non-compliance concerns.

• Specific Performance
• Cell Captive Insurance
• Contract Termination
• Data Access Rights
• Breach Of Contract
• Fiduciary Duties

Municipal Employees Pension Fund and Others v Ndou and Another (2025/076955)

Municipal Employees Pension Fund and Others v Ndou and Another (2025/076955) [2025] ZAGPJHC 762 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/076955

Judge

E Raubenheimer

The High Court granted an urgent interim interdict stopping alleged defamatory statements about the MEPF, its administrator, and trustees pending action proceedings.

• Interim Interdict
• Defamation
• Urgent Court Procedure
• Corporate Reputation
• Fiduciary Duties
• Publication Of False Statements

Pillay v Stokes and Others (2022/22021)

Pillay v Stokes and Others (2022/22021) [2025] ZAGPJHC 733 (24 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/22021

Judge

Maier-Frawley

The court found that the second and third respondents, acting as executive directors, failed to comply with statutory obligations by not holding annual general meetings, not preparing audited financial statements for several years, and failing to conduct due diligence on qualifying companies. Their explanations for non-compliance were inadequate and did not excuse their breaches. The directors' conduct amounted to gross negligence and wilful misconduct, justifying a declaration of delinquency under section 162(5) of the Companies Act. The fourth respondent, as a non-executive director, demons…

Source excerpt

• Delinquent Director
• Fiduciary Duties
• Companies Act Section 162
• Failure To Hold Agm
• Failure To Prepare Audited Financials
• Breach Of Subscription Agreement

Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others (909/2023)

Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others (909/2023) [2025] ZASCA 103 (15 July 2025)

Court

Supreme Court of Appeal

Case number

909/2023

Judges

Mbatha, Mothle, Hughes, Unterhalter, Modiba

The Supreme Court of Appeal held that section 354(1) of the Companies Act does not exclude the common law rights of a company or its directors to apply for rescission of a winding-up order. The directors retain residual powers to act on behalf of the company in liquidation, including challenging or appealing winding-up orders, without the cooperation of liquidators. The application for rescission may be brought under common law or Rule 42(1)(a) of the Uniform Rules of Court, which is not restricted to liquidators, creditors, or members. The high court was correct in finding that HR Computek h…

Source excerpt

• Locus Standi
• Winding Up
• Rescission Of Order
• Directors Residual Powers
• Fiduciary Duties
• Companies Act 1973

South African Legal Practice Council v Mashele (2024/103400)

South African Legal Practice Council v Mashele (2024/103400) [2025] ZAGPPHC 577 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/103400

Judges

GN Moshoana, M Mbongwe

The High Court struck attorney Victor Mdungasi Mashele from the roll after finding he misappropriated client trust funds and failed to account for them.

• Misappropriation Of Trust Funds
• Striking Off Roll
• Fiduciary Duties
• Fit And Proper Person
• Disciplinary Sanctions
• Misappropriation-of-trust-funds

Steyn and Another v Venter and Others (096/2024)

Steyn and Another v Venter and Others (096/2024) [2025] ZASCA 59 (14 May 2025)

Court

Supreme Court of Appeal

Case number

096/2024

Judges

Zondi, Weiner, Kathree-Setiloane, Keightley, Coppin

The Supreme Court of Appeal held that members of a close corporation collectively form its governing body for section 13(1)(e) prescription purposes and dismissed the appeal.

• Prescription Act
• Close Corporations Act
• Governing Body Definition
• Fiduciary Duties
• Internal Management
• Delayed Prescription

Technoserve Medium Voltage (Pty) Ltd v Technical Reticulation Services (Pty) Ltd and Others (20127/23)

Technoserve Medium Voltage (Pty) Ltd v Technical Reticulation Services (Pty) Ltd and Others (20127/23) [2025] ZAWCHC 165 (15 April 2025)

Court

Western Cape High Court, Cape Town

Case number

20127/23

Judge

S Sidaki

The court dismissed an urgent application for a springboard interdict, finding the alleged conspiracy and unlawful acts were not proved and factual disputes could not be resolved on paper.

• Restraint Of Trade
• Unlawful Competition
• Springboard Interdict
• Conspiracy
• Fiduciary Duties
• Springboard-interdict

Priestman v Fibonacci Asset Management (Pty) Ltd and Others (2025/023556)

Priestman v Fibonacci Asset Management (Pty) Ltd and Others (2025/023556) [2025] ZAGPJHC 416 (11 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/023556

Judge

Noko

The High Court set aside a shareholder resolution removing the applicant as director and recorded that a planned follow-up meeting would not proceed.

• Shareholder Resolution
• Director Removal
• Companies Act Compliance
• Final Interdict
• Fiduciary Duties
• Shareholder-resolution

Museler N.O v Momberg N.O and Others (617/2022)

Museler N.O v Momberg N.O and Others (617/2022) [2025] ZAECMKHC 29 (18 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

617/2022

Judge

Govindjee

The High Court dismissed an application to remove a trustee from the Wynhelee Trust, finding no sufficient threat to the trust’s proper administration.

• Trustee Removal
• Trust Property Control Act
• Fiduciary Duties
• Deadlock In Trusteeship
• Costs Award
• Trustee-removal

L. D. v M[...] P[...] I[...] (Pty) Ltd and Another (A132469/2023; A133154/2024)

L. D. v M[...] P[...] I[...] (Pty) Ltd and Another (A132469/2023; A133154/2024) [2025] ZAGPJHC 193 (26 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A132469/2023; A133154/2024

Judges

N Davis, Sutherland DJP, Du Plessis J

Appeals over derivative-action leave and company winding-up were decided separately: derivative relief was refused, but the company was finally wound up.

• Derivative Action
• Winding Up Of Company
• Deadlock Between Directors
• Fiduciary Duties
• Just And Equitable Liquidation
• Derivative-action