South Africa Case Law

CJ Pharmaceuticals Enterprises (Pty) Ltd and Others v Main Road Centurion 30201 CC t/a Albermarle Pharmacy and Another (7909/2020)

CJ Pharmaceuticals Enterprises (Pty) Ltd and Others v Main Road Centurion 30201 CC t/a Albermarle Pharmacy and Another (7909/2020) [2020] ZAGPJHC 353; 2021 (5) SA 246 (GJ) (21 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

7909/2020

Judge

JT BoltAR

The High Court held that a pharmacy business transfer was only relatively void under section 34(1) of the Insolvency Act, and dismissed claims to set it aside.

• Insolvency Act Section 34
• Actio Pauliana
• Business Rescue
• Declaratory Relief
• Fraudulent Collusion
• Insolvency-act-section-34

Legal Practice Council v Morobadi (15293/2016)

Legal Practice Council v Morobadi (15293/2016) [2019] ZAGPPHC 1028 (12 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

15293/2016

Judges

Holland-Muter, Fabricius

The court found that the respondent engaged in serious professional misconduct, including dishonesty, fraud, collusion with a government official, plagiarism, and misappropriation of trust funds. The respondent's actions breached the Contingency Fees Act and the fundamental duties of attorneys regarding trust monies. The respondent failed to participate meaningfully in the disciplinary process and attempted to delay proceedings. The court held that the disciplinary proceedings were valid despite administrative changes and delays, which were largely attributable to the respondent. Given the gr…

Source excerpt

• Attorney Striking Off
• Professional Misconduct
• Contingency Fees Act
• Misappropriation Of Trust Funds
• Fraudulent Collusion
• Disciplinary Proceedings