South Africa Case Law

Society for Prevention of Cruelty to Animals Tshwane v National Council of Society for Prevention of Cruelty (24/125547)

Society for Prevention of Cruelty to Animals Tshwane v National Council of Society for Prevention of Cruelty (24/125547) [2025] ZAGPJHC 19 (14 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

24/125547

Judge

Wentzel AJ

The High Court ordered the NSPCA to restore access, records and email to Tshwane SPCA directors, finding their exclusion blocked audit compliance and oversight.

• Fiduciary Duties Of Directors
• Companies Act Section 76
• Oversight And Access Rights
• Statutory Management Takeover
• Audited Financial Statements
• Interdict Relief

Coetzee and Another v South African Legal Practice Council and Others (6368/2023)

Coetzee and Another v South African Legal Practice Council and Others (6368/2023) [2024] ZAFSHC 385 (4 December 2024)

Court

Free State High Court, Bloemfontein

Case number

6368/2023

Judges

JP Daffue, BB Mahlatsi

The court found that while the applicants' continued suspension is a grave interference with their professional and personal lives, there remain unresolved and serious allegations of misconduct, including practising without Fidelity Fund Certificates and possible misappropriation of client funds. The Legal Practice Council has not acted with sufficient speed in finalising investigations and disciplinary proceedings. In balancing the interests of justice, the court ordered the LPC to serve detailed charge sheets and commence disciplinary hearings within set deadlines, failing which the suspens…

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• Legal Practitioners Suspension
• Disciplinary Proceedings
• Fiduciary Duties Of Directors
• Fidelity Fund Certificate
• Interim Relief

Lebra Development (Pty) Ltd and Others v Bester and Others (A154/2022)

Lebra Development (Pty) Ltd and Others v Bester and Others (A154/2022) [2024] ZAGPPHC 1087 (21 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A154/2022

Judges

E van der Schyff, C Collis, A Le Grange

The High Court refused to reinstate a lapsed appeal, finding the delay explanation unreasonable, the Directive argument unsustainable, and no prospect of success.

• Condonation For Late Appeal
• Companies Act Section 163
• Oppressive Conduct
• Fiduciary Duties Of Directors
• Practice Directives
• Costs Orders

Selesho N.O and Another v Mangoejane and Others (1372/2024)

Selesho N.O and Another v Mangoejane and Others (1372/2024) [2024] ZAFSHC 302 (3 October 2024)

Court

Free State High Court, Bloemfontein

Case number

1372/2024

Judge

Daffue

The court found that the applicants, as trustees of the Leagang Family Trust and equal shareholders in the holding company, had locus standi to seek interim interdictory relief to protect the assets of the third respondent. The first respondent, as sole director, had made fraudulent and unlawful payments from the third respondent's bank account for her personal benefit, which were uncontested due to the absence of answering affidavits. The court accepted the applicants' allegations as established facts and held that the interim order was appropriate to maintain the status quo pending the inst…

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• Derivative Action
• Fiduciary Duties Of Directors
• Interim Interdict
• Locus Standi
• Protected Disclosures Act
• Reflective Loss

Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated Attorneys and Others (459/22)

Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated Attorneys and Others (459/22) [2023] ZASCA 112 (26 July 2023)

Court

Supreme Court of Appeal

Case number

459/22

Judges

Saldulker, Nicholls, Carelse, Nhlangulela, Mali

The Supreme Court of Appeal held that all directors of a law firm have a fiduciary duty and are jointly and severally liable for the firm's debts and liabilities, including misappropriation of trust funds, as per section 34(7) of the Legal Practice Act. Ignorance of financial matters does not absolve directors from liability or disciplinary consequences. The respondents' defence that they were 'salaried directors' or uninvolved in finances was rejected, as such a concept is not recognised in the Companies Act or the Legal Practice Act. The Court found that the requirements for interim suspens…

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• Legal Practitioners Liability
• Fiduciary Duties Of Directors
• Misappropriation Of Trust Funds
• Interim Suspension
• Disciplinary Proceedings
• Legal Practice Act

Joubert v Kramer Weihmann Incorporated (3645/2022)

Joubert v Kramer Weihmann Incorporated (3645/2022) [2023] ZAFSHC 237 (13 June 2023)

Court

Free State High Court, Bloemfontein

Case number

3645/2022

Judge

M.R. Rantho

The High Court upheld most exceptions to particulars of claim in a director-liability dispute, ordered amendment, refused strike-out, and awarded party-and-party costs.

• Exception To Particulars Of Claim
• Fiduciary Duties Of Directors
• Pleading Requirements
• Prescription Of Claims
• Damages Quantification
• Legal Practice Act Compliance

Alfs Tippers CC v Steyn (11407/2019)

Alfs Tippers CC v Steyn (11407/2019) [2023] ZAGPJHC 527 (19 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

11407/2019

Judge

Twala M L

The court found that the respondent, as sole director of MSR Plant and Equipment (Pty) Ltd, had the power and control over the company and its documents, and was duty-bound to possess and keep all its financial records. The respondent's assertion that the documents belonged to a separate entity was inadequate, as she owed fiduciary duties to MSR and shared premises with the company. The documents requested by the applicant are relevant to the issues in dispute and necessary for a fair trial. The respondent's responses to the Rule 35(3) notices were insufficient and evasive. The court held tha…

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• Discovery Of Documents
• Uniform Rules Of Court Rule 35
• Fiduciary Duties Of Directors

Dr L Jamjam and Partner Incorporated and Another v Mbalekwa and Another (EL 1474/2022)

Dr L Jamjam and Partner Incorporated and Another v Mbalekwa and Another (EL 1474/2022) [2022] ZAECELLC 27 (22 September 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1474/2022

Judge

Hartle

Urgent interim relief was granted after a director withdrew R2 million from the company account amid a breakdown between co-directors and pending liquidation.

• Fiduciary Duties Of Directors
• Unlawful Distribution
• Interim Interdict
• Companies Act Section 76
• Authority To Represent Company
• Fiduciary-duties-of-directors

First 3D (Pty) Ltd v Coleman and Another (39217/18)

First 3D (Pty) Ltd v Coleman and Another (39217/18) [2021] ZAGPPHC 336 (1 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

39217/18

Judge

Mabuse

High Court judgment granting leave to amend particulars of claim in a contractual dispute and rejecting an objection that the amendment was vague or introduced a new cause of action.

• Amendment Of Pleadings
• Fiduciary Duties Of Directors
• Piercing Corporate Veil
• Oral Contract
• Joint And Several Liability
• Amendment-of-pleadings

Kriel N.O v Oaker and Another (5417/2014)

Kriel N.O v Oaker and Another (5417/2014) [2016] ZAWCHC 67 (3 June 2016)

Court

Western Cape High Court, Cape Town

Case number

5417/2014

Judge

Y S Meer

High Court dismissed an application to join a director as a defendant in a loan-repayment action, finding the proposed fiduciary-duty claim was legally distinct.

• Joinder Of Parties
• Fiduciary Duties Of Directors
• Loan Agreement Dispute
• Uniform Rule 10
• Amendment Of Pleadings
• Joinder-of-parties