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South Africa decisions
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Woa Fuels and Oils v Africa Rising Petrochem (Pty) Ltd (2022/7368) [2025] ZAGPJHC 768 (7 August 2025)
Summary judgment was dismissed because the defendant raised bona fide triable defences about a prior Puma supply agreement, authority, fraud, and unverified damages.
Crous v Wynberg Boys High School and Others (200/2024) [2025] ZASCA 107 (18 July 2025)
The Supreme Court of Appeal held that section 65 of the Close Corporations Act does not impose personal liability on members solely by virtue of their membership when gross abuse of juristic personality is established. Liability under section 65 requires that the member's conduct amounts to or contributes to the gross abuse. The appellant's uncontroverted evidence showed he was not involved in the fraudulent scheme conducted through the close corporation. The High Court erred in holding the appellant liable based only on his membership and in misapplying the fiduciary duty owed by members, wh…
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MEC for Social Development v Zimisele (PA 14/24) [2025] ZALAC 39 (26 June 2025)
The first respondent was a director of three companies and failed to disclose his financial interests as required by the Senior Management Service Handbook and Public Service Regulations. The Labour Court erred in finding that no disclosure was required and that the relevant legislation was irrelevant. The duty to disclose is both a statutory and fiduciary obligation for senior management employees. The Department was entitled to disqualify the first respondent for non-disclosure, as this omission was material to his suitability for appointment. The Labour Court's review and setting aside of…
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Meyer v Meyer and Others (1819/2020) [2025] ZAWCHC 268 (23 June 2025)
High Court action over alleged fraud in family property sales failed; the court found Mrs Meyer knowingly signed the transactions and that the claims had prescribed.
Viljoen and Another v Maree (4592/2020) [2025] ZAFSHC 177 (12 June 2025)
The High Court dismissed an application over alleged non-compliance with an account-rendering order, finding the applicants had not shown the account was inadequate.
Egoli Sport (Pty) Ltd and Others v Global Sports Betting (Pty) Ltd (2024/065348) [2025] ZAGPJHC 575 (10 June 2025)
The High Court upheld an exception to particulars of claim for failing to disclose a cause of action, finding no contractual nexus, delictual duty, or actionable damage pleaded.
Club Myknonos Langebaan Home Owners Association v Ruggiero N.O and Others (C332/2019) [2025] ZALCCT 37 (5 June 2025)
Labour Court review dismissed: the arbitrator’s reinstatement of an employee with a final written warning was found reasonable despite a policy breach.
Graham N.O and Others v Sailing Puppy (Pty) Ltd and Another (037099/2024) [2025] ZAGPPHC 558 (20 May 2025)
The High Court ordered Sailing Puppy (Pty) Ltd to convene a shareholders’ meeting after finding the Trust was the sole shareholder and the director’s refusal unjustified.
Lowveld Packaging (Proprietary) Ltd v Heine and Others (2025/022233) [2025] ZALCJHB 190 (5 May 2025)
The Court found that the Applicant established a clear right to protect its proprietary interests, including customer connections and confidential information, through the restraint of trade clause. The First Respondent failed to prove that the restraint period of two years was unreasonable or contrary to public policy. The urgency of the application was justified by the ongoing harm and the Applicant's prompt action upon discovering the breaches. Procedural objections regarding non-compliance with Labour Court Rules and the commissioning of the affidavit were dismissed as lacking factual bas…
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Mason N O v Mason and Another (1286/2023) [2025] ZASCA 44 (14 April 2025)
The Supreme Court of Appeal held that the executrix failed to prove constructive knowledge of misappropriation. The debt was not prescribed and the appeal failed.
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