South Africa Case Law

Absa v Lezmin 2815 CC (906/2024)

Absa v Lezmin 2815 CC (906/2024) [2025] ZAFSHC 172 (11 June 2025)

Court

Free State High Court, Bloemfontein

Case number

906/2024

Judge

Molitsoane

The court found that the respondent's reliance on res judicata was misplaced, as the previous settlement agreement only resolved the earlier liquidation application and did not preclude the applicant from seeking liquidation in the event of subsequent non-compliance. The respondent admitted its indebtedness in multiple agreements, and its dispute related only to the quantification of the debt, not the existence of the debt itself. The respondent failed to provide credible evidence of liquidity, relying on unaudited financial statements and unsubstantiated claims of future income. The court wa…

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• Final Liquidation
• Commercial Insolvency
• Res Judicata
• Settlement Agreement
• Quantification Of Debt

Sinosa Tech (Pty) Limited v Macla Mining Pty Ltd (2023/029115)

Sinosa Tech (Pty) Limited v Macla Mining Pty Ltd (2023/029115) [2024] ZAGPJHC 1186; 2025 (3) SA 653 (GJ) (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/029115

Judge

Theron

The court found that the applicant had discharged its onus to establish the respondent's indebtedness and that the respondent failed to raise a bona fide dispute. The court held that service on the employees was sufficient, as the applicant furnished a service affidavit, attached sheriff's returns, and took additional steps to notify employees. The court rejected the respondent's argument that only the sheriff can depose to the affidavit required by Section 346(4A), finding that an attorney's affidavit supported by sheriff's returns meets the statutory requirements. The court was satisfied th…

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• Final Liquidation
• Service Of Process
• Companies Act 1973
• Proof Of Indebtedness

Scania Finance Southern Africa (Pty) Ltd v Hulk Haulers (Pty) Limited (D8414/2020)

Scania Finance Southern Africa (Pty) Ltd v Hulk Haulers (Pty) Limited (D8414/2020) [2024] ZAKZDHC 58 (30 August 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D8414/2020

Judge

Moodley

The High Court confirmed a provisional liquidation order and placed the respondent under final liquidation, finding the debt liquid and the dispute not bona fide.

• Final Liquidation
• Liquidated Debt
• Bona Fide Dispute
• Statutory Demand
• Credit Agreements
• Reckless Credit

Exceed Plant Trading CC v LKGA Construction & Projects 1 CC (2556/2024)

Exceed Plant Trading CC v LKGA Construction & Projects 1 CC (2556/2024) [2024] ZAFSHC 230 (8 August 2024)

Court

Free State High Court, Bloemfontein

Case number

2556/2024

Judge

JP Daffue

The applicant established that the respondent is commercially insolvent, having failed to pay admitted debts in excess of R 1.8 million for equipment rental, despite proper statutory demand and compliance with procedural requirements. The respondent did not respond to the demand, failed to provide evidence of assets, liabilities, or imminent payments, and did not raise a bona fide dispute on reasonable grounds regarding the admitted invoices. The court found that the applicant is entitled to a final liquidation order, as the respondent is unable to pay its debts and no credible basis exists t…

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• Final Liquidation
• Commercial Insolvency
• Creditor Winding Up
• Statutory Demand
• Bona Fide Dispute

Voltex (Pty) Ltd v EP Inland (Pty) Ltd (Formerly known as Edison Power Gauteng (Pty) Ltd) (D10784/2021)

Voltex (Pty) Ltd v EP Inland (Pty) Ltd (Formerly known as Edison Power Gauteng (Pty) Ltd) (D10784/2021) [2024] ZAKZDHC 49 (22 July 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D10784/2021

Judge

Broster AJ

The court granted final liquidation because the respondent failed to show a bona fide dispute of the debt. Allegations of fraud and commercial bribery were speculative.

• Final Liquidation
• Genuine Dispute Of Debt
• Commercial Bribery
• Court Discretion Liquidation
• Statutory Demand
• Costs Order

Weighlofer and Others v Lyconet South Africa (Pty) Ltd and Others (82122/2023)

Weighlofer and Others v Lyconet South Africa (Pty) Ltd and Others (82122/2023) [2024] ZAGPJHC 591 (21 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

82122/2023

Judge

Van Vuuren AJ

The High Court confirmed the final winding-up of Lyconet South Africa, finding a due debt under the Project X Promise and commercial insolvency.

• Final Liquidation
• Commercial Insolvency
• Prescription
• Multi Level Marketing Scheme
• Company Liquidation
• Final-liquidation

Intello Capital CC v Vuka Mzantshi Holdings (Pty) Limited (2022/019195)

Intello Capital CC v Vuka Mzantshi Holdings (Pty) Limited (2022/019195) [2024] ZAGPJHC 148 (21 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/019195

Judge

Z Khan

The High Court granted final liquidation of Vuka Mzantshi Holdings after finding Intello Capital’s debt claim established and the respondent’s defences unpersuasive.

• Final Liquidation
• Reckless Lending
• Acknowledgement Of Debt
• Interest Rate Dispute
• Final-liquidation
• Company-winding-up

Brother International (Pty) Ltd v Bopang Distribution and Logistics (Pty) Ltd (2023-072737)

Brother International (Pty) Ltd v Bopang Distribution and Logistics (Pty) Ltd (2023-072737) [2023] ZAGPPHC 1180 (2 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-072737

Judge

WJ du Plessis

The High Court confirmed a provisional liquidation order, rejecting the respondent’s request to extend the rule nisi for more time to pursue a counterclaim.

• Final Liquidation
• Just And Equitable Winding Up
• Counterclaim In Liquidation
• Broad Based Black Economic Empowerment
• Creditor Rights
• Final-liquidation

Stark Vieh (Pty) Ltd v Peter Carroll CC (UM 212/2022)

Stark Vieh (Pty) Ltd v Peter Carroll CC (UM 212/2022) [2023] ZANWHC 96 (15 June 2023)

Court

North West High Court, Mafikeng

Case number

UM 212/2022

Judge

Reddy

The applicant established locus standi as a creditor and proved the respondent's indebtedness, both by documentary evidence and the respondent's own admissions. The respondent failed to pay management fees and could not account for 7510 head of cattle, amounting to over R122 million. The respondent's attempts to dispute the debt were not bona fide or reasonable, and its counterclaim was unsubstantiated. The respondent's filing of security did not discharge its debt nor address the insolvency. The court found that all jurisdictional requirements for final liquidation under section 345(1)(a) of…

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• Final Liquidation
• Commercial Insolvency
• Creditor Locus Standi
• Just And Equitable Winding Up
• Bona Fide Dispute
• Management Fees

Europlaw Group Incorporated v Turner and Others

Europlaw Group Incorporated v Turner and Others [2023] ZAGPPHC 400; 14052/2022 (5 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

14052/2022

Judge

Phooko

The High Court dismissed Europlaw Group Incorporated’s application for leave to appeal against a final liquidation order, finding no reasonable prospects of success.

• Leave To Appeal Threshold
• Final Liquidation
• Postponement Application
• Commercial Insolvency
• Leave-to-appeal
• Final-liquidation