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South Africa Case Law

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Criminal Law [2024] ZAGPPHC 244

National Director of Public Prosecutions v Templar Capital Ltd (62601/2021)

National Director of Public Prosecutions v Templar Capital Ltd (62601/2021) [2024] ZAGPPHC 244 (2 February 2024)

The High Court dismissed a postponement bid by Griffin Line and granted a POCA forfeiture order over part of Templar Capital’s claims against Optimum Coal Mine.

  • Prevention Of Organised Crime Act
  • Forfeiture Of Proceeds
  • Business Rescue
  • Foreign Judgment Enforcement
  • Postponement
  • Costs Award
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Commercial And Corporate [2019] ZAGPPHC 529

Cooperative Muratori & Cementisti-CMC Di Tavena Societi Cooperative A Responsabilita Limitada (External Company Incorporated in Italy) and Others v Companies and Intellectual Properties Commission and Others (15454/ 2019)

Cooperative Muratori & Cementisti-CMC Di Tavena Societi Cooperative A Responsabilita Limitada (External Company Incorporated in Italy) and Others v Companies and Intellectual Properties Commission and Others (15454/ 2019) [2019] ZAGPPHC 529; 2020 (2) SA 109 (GP) (15 October 2019)

The court held that an external company cannot be placed in business rescue under the Companies Act and refused recognition of an Italian restructuring order.

  • Business Rescue
  • External Company Registration
  • Foreign Judgment Enforcement
  • Company Definition
  • Liquidation
  • Creditor Claims
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Admiralty And Maritime [2002] ZASCA 155

MV 'Ivory Tirupati' and Another v Badan Urusan Logistik (513/01)

MV 'Ivory Tirupati' and Another v Badan Urusan Logistik (513/01) [2002] ZASCA 155; [2003] 1 All SA 55 (SCA); 2003 (3) SA 104 (SCA) (29 November 2002)

The Supreme Court of Appeal held that the claim based on the Hong Kong judgment was not the same as the original cargo claim for which the 'Amer Prabha' was arrested. The judgment created a new and independent cause of action, requiring proof of additional facts such as the competence and conclusiveness of the foreign judgment. Therefore, the arrest of the first appellant was not precluded by sections 3(6) and 3(8) of the Admiralty Jurisdiction Regulation Act. The letter of undertaking was construed as covering only the cargo claim and not the enforcement of the judgment. The respondent was e…

  • Associated Ship Arrest
  • Maritime Claim Definition
  • Security For Release
  • Foreign Judgment Enforcement
  • Letter Of Undertaking
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.