South Africa Case Law

Dineam Trade (Pty) Ltd v Sumali Investments 101 (Pty) Ltd (2022/54688)

Dineam Trade (Pty) Ltd v Sumali Investments 101 (Pty) Ltd (2022/54688) [2025] ZAGPJHC 116 (13 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/54688

Judge

Thupaatlase

The court found that the applicant failed to establish reasonable prospects of success for leave to appeal against the dismissal of the provisional liquidation application. The respondent provided sufficient security for the alleged debt, and the applicant had collected rental from the property for a decade, undermining its claim for refund. The alleged fraud was not substantiated, and the inability to transfer ownership did not constitute fraud. The court emphasized that liquidation proceedings should not be used as a debt collection mechanism where the debt is bona fide disputed. The legal…

Source excerpt

• Provisional Liquidation
• Company Insolvency
• Fraud Allegations
• Leave To Appeal
• Contract Of Sale

B.B v L.B and Others (15788/2024)

B.B v L.B and Others (15788/2024) [2024] ZAWCHC 359 (11 November 2024)

Court

Western Cape High Court, Cape Town

Case number

15788/2024

Judge

Van Den Berg AJ

High Court dismissed an application to set aside an antenuptial contract, holding that material disputes of fact made the matter unsuitable for motion proceedings.

• Antenuptial Contract
• Dispute Of Fact
• Motion Proceedings
• Costs Order
• Fraud Allegations
• Antenuptial-contract

Glacier Financial Solutions Pty Ltd v Motanyane and Others (2022/036777)

Glacier Financial Solutions Pty Ltd v Motanyane and Others (2022/036777) [2024] ZAGPJHC 1325 (23 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/036777

Judge

De Oliveira

High Court interpleader over living annuity death benefits. The court accepted Nonhlanhla’s claim, rejected those of Palesa and Pheteho, and awarded costs against them.

• Interpleader Proceedings
• Beneficiary Nomination
• Living Annuity Policy
• Fraud Allegations
• Costs Award
• Electronic Signature

Mazibuko v Government Employees Medical Scheme (40674/2018)

Mazibuko v Government Employees Medical Scheme (40674/2018) [2024] ZAGPPHC 320 (10 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

40674/2018

Judge

M.T. Jordaan

The court considered the grounds of appeal and the submissions of both parties. Applying the test under section 17(1)(a) of the Superior Courts Act, the court found that the applicant had demonstrated reasonable prospects of success on appeal. The grounds raised involved important questions regarding the interpretation of contractual clauses, the application of medical scheme regulations, and the findings of fraud and procedural fairness. The court was satisfied that another court may reasonably reach a different conclusion on these issues. Accordingly, leave to appeal was granted to the Full…

Source excerpt

• Leave To Appeal Standard
• Medical Scheme Regulation
• Contractual Dispute
• Fraud Allegations
• Regulation 6 Procedure

Good Party v Electoral Commission of South Africa and Others (004/2023 EC)

Good Party v Electoral Commission of South Africa and Others (004/2023 EC) [2023] ZAEC 4 (20 September 2023)

Court

Electoral Court

Case number

004/2023 EC

Judges

Zondi JA, Modiba J, Shongwe AJ, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court dismissed a late urgent application to postpone George by-elections, finding the delay unjustified, the review grounds inadequate, and part of the relief moot.

• Electoral Review
• Urgency In Applications
• Voters Roll Objections
• Municipal Elections
• Timeliness Of Review
• Fraud Allegations

Small Enterprise Finance Agency SOC Limited v Razoscan (Pty) Ltd and Another (48631/2016)

Small Enterprise Finance Agency SOC Limited v Razoscan (Pty) Ltd and Another (48631/2016) [2022] ZAGPPHC 500 (4 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

48631/2016

Judge

N Davis

The High Court enforced a bridging loan against a fruit exporter and its surety, rejecting fraud allegations and awarding attorney-and-client costs.

• Bridging Loan Enforcement
• Suretyship Liability
• Contractual Defences
• Fraud Allegations
• Costs Award
• Certificate Of Balance

Mawere v Industrial Development Corporation of South Africa (IDC) and Others (13276/2014)

Mawere v Industrial Development Corporation of South Africa (IDC) and Others (13276/2014) [2022] ZAGPJHC 177 (25 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

13276/2014

Judge

A Makume

The High Court dismissed an application to rescind a 2019 judgment under Rule 42(1)(b) and common law, finding the affidavit vague and the application abusive.

• Rescission Of Judgment
• Abuse Of Process
• Section 424 Companies Act
• Fraud Allegations
• Rescission-of-judgment
• Abuse-of-process

Van der Merwe NO and Others v Moodliar NO and Another; Van der Merwe NO and Others v Moodliar NO and Another; Nkhoma NO and Others v Moodliar NO and Others (Gamble J)

Van der Merwe NO and Others v Moodliar NO and Another; Van der Merwe NO and Others v Moodliar NO and Another; Nkhoma NO and Others v Moodliar NO and Others (Gamble J) [2019] ZAWCHC 160; [2020] 1 All SA 558 (WCC) (19 November 2019)

Court

Western Cape High Court, Cape Town

Case number

22282/14

Judge

P.A.L. Gamble

The court dismissed applications to reconsider liquidators’ powers, reopen a liquidation account, remove the liquidators, and challenge their attorneys’ authority.

• Liquidation And Distribution Account
• Removal Of Liquidator
• Abuse Of Process
• Powers Of Liquidator
• Fraud Allegations
• Costs Orders

Forsyth v Botha; Forsyth v Liebenberg and Others (17357/15; 17359/15)

Forsyth v Botha; Forsyth v Liebenberg and Others (17357/15; 17359/15) [2019] ZAWCHC 19 (27 February 2019)

Court

Western Cape High Court, Cape Town

Case number

17357/15; 17359/15

Judge

Seale AJ

The court consolidated two related actions under Rule 11, finding overlapping issues and no substantial prejudice to the Liebenberg defendants.

• Consolidation Of Actions
• Director Liability
• Business Rescue
• Fraud Allegations
• Investment Scheme Disputes
• Consolidation-of-actions

Mansela v Nqaba Guarantee SPV (Pty) Ltd (16474/15)

Mansela v Nqaba Guarantee SPV (Pty) Ltd (16474/15) [2017] ZAGPJHC 380 (2 June 2017)

Court

South Gauteng High Court, Johannesburg

Case number

16474/15

Judge

M Victor

The High Court dismissed a rescission application, holding that the indemnity bondholder was not required to be registered under the National Credit Act.

• Rescission Of Judgment
• Indemnity Bond
• National Credit Act
• Fraud Allegations
• Rescission-of-judgment
• Indemnity-bond