South Africa Case Law

Rayal Industrial (Pty) Ltd v Khan (076126/2023)

Rayal Industrial (Pty) Ltd v Khan (076126/2023) [2025] ZAGPPHC 500 (13 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

076126/2023

Judge

Domingo, AJ

The court found that the respondent’s late answering affidavit should be condoned in the interests of justice, as the applicant was not severely prejudiced and had filed a replying affidavit. On the merits, the applicant established a prima facie claim for a liquidated amount exceeding R90 million, supported by unchallenged evidence of fraudulent misappropriation by the respondent. The respondent’s defence consisted of blanket denials and unsupported allegations regarding the applicant’s deponent, which were rejected for lack of evidence and credibility. The respondent admitted participation…

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• Provisional Sequestration
• Insolvency Act
• Creditor Claims
• Condonation Of Late Filing
• Fraudulent Misappropriation

Soft Coffee (Pty) Limited v Legal Practitioner's Fidelity Fund Board (A84/2023)

Soft Coffee (Pty) Limited v Legal Practitioner's Fidelity Fund Board (A84/2023) [2024] ZAGPPHC 887 (6 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

A84/2023

Judges

Strijdom, Molopa-Sethosa, Mooki

The court found that the appellant's funds were not instructed to be invested, but were entrusted to Dadic Attorneys to be held in trust pending the registration of mortgage bonds. The undisputed evidence established that the attorney was to hold the funds and only disburse them upon fulfilment of specific conditions, evidencing an intention of entrustment. The statutory exclusion in section 47(1)(g) did not apply, as the attorney's sole objective was theft, and the funds were not received for investment purposes. The court a quo erred in finding that the transactions were mere loans and not…

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• Attorneys Fidelity Fund
• Entrustment Of Funds
• Pecuniary Loss
• Statutory Exclusion
• Fraudulent Misappropriation

A and H Specialised Services (Pty) Ltd v Bezuidenhout and Others (23240/2021)

A and H Specialised Services (Pty) Ltd v Bezuidenhout and Others (23240/2021) [2024] ZAGPPHC 545 (7 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

23240/2021

Judge

Retief

The High Court dismissed an exception to particulars of claim in a misappropriation dispute, finding the pleading sufficiently specific and Rule 30 the proper remedy for defects.

• Exception Procedure
• Fiduciary Duty
• Fraudulent Misappropriation
• Pleading Requirements
• Director Liability
• Exception-procedure

Lesedi Local Municipality v National Fund for Municipal Workers and Another (2024/047652)

Lesedi Local Municipality v National Fund for Municipal Workers and Another (2024/047652) [2024] ZAGPJHC 473 (10 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/047652

Judge

M Jordaan

The High Court granted an urgent interim interdict stopping pension payout pending a forensic investigation into alleged misappropriation of municipal bursary funds.

• Interim Interdict
• Pension Fund Withholding
• Fraudulent Misappropriation
• Urgent Application
• Disciplinary Proceedings
• Interim-interdict

Talksure Trading (Pty) Ltd v Naidoo and Another (D4630/2021)

Talksure Trading (Pty) Ltd v Naidoo and Another (D4630/2021) [2023] ZAKZDHC 50 (28 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D4630/2021

Judge

Henriques

The court found that the first defendant's plea amounted to a bare denial and failed to disclose any bona fide defence to the plaintiff's claim for a liquidated amount based on a fraudulent scheme. The procedural objections raised regarding the plaintiff's affidavit were condonable and did not affect the substance of the application. The first defendant's assertion that her right to remain silent was infringed by the summary judgment proceedings was rejected, as there was no element of state compulsion and she had not sought a stay of proceedings. The authorities confirm that the right to rem…

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• Summary Judgment
• Self Incrimination
• Fraudulent Misappropriation
• Liquidated Claim
• Right To Remain Silent

Soft Coffee (Pty) Limited and Others v Legal Practitioners Fidelity Fund (88809/2019)

Soft Coffee (Pty) Limited and Others v Legal Practitioners Fidelity Fund (88809/2019) [2022] ZAGPPHC 228 (5 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

88809/2019

Judge

Khashane Manamela

The court found that in respect of Claim A, the payments made by Soft Coffee into Dadic Attorneys' trust account were pursuant to loan agreements intended for onward payment to third-party borrowers, with Dadic Attorneys acting as a conduit. The agreements did not reflect any intention for Dadic Attorneys to hold the funds in trust for Soft Coffee, and the payments were made to discharge contractual obligations under the loan agreements. The fraudulent nature of the transactions did not alter the character of the instructions or create entrustment. Therefore, the Fund's liability was excluded…

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• Attorneys Act Section 26
• Entrustment Of Funds
• Investment Exclusion
• Trust Account Liability
• Fraudulent Misappropriation

IQ Business (Pty) Ltd v Bull (19699/2021)

IQ Business (Pty) Ltd v Bull (19699/2021) [2022] ZAGPJHC 124 (7 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

19699/2021

Judge

Réan Strydom

The High Court granted provisional sequestration of the respondent’s estate after finding a prima facie case of misappropriation and a prospect of benefit to creditors.

• Provisional Sequestration
• Act Of Insolvency
• Advantage To Creditors
• Fraudulent Misappropriation
• Prima Facie Case
• Provisional-sequestration

Osborne v Cockin and Others; Osborne v Cockin N.O. and Others (5618/2015, 6053/2015)

Osborne v Cockin and Others; Osborne v Cockin N.O. and Others (5618/2015, 6053/2015) [2016] ZAECGHC 19 (12 April 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

5618/2015, 6053/2015

Judge

J.D. Pickering

The court found that the applicant had established a strong prima facie case for the confirmation of the Anton Piller order and interim interdict. Documentary evidence, including a facility agreement signed by Marioth Janet Cockin as a partner, contradicted her denial of involvement in Cockin Partners and undermined the credibility of both Marioth and Mark William Cockin. The court concluded that their false denials were attempts to distance themselves and the Cockin Trust from Shaun Cockin's fraudulent conduct. The evidence showed significant intermingling of business operations among the Co…

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• Anton Piller Order
• Provisional Sequestration
• Partnership Liability
• Trust Insolvency
• Fraudulent Misappropriation

Law Society of the Northern Provinces v Radebe (325/2002)

Law Society of the Northern Provinces v Radebe (325/2002) [2015] ZAGPPHC 901 (24 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

325/2002

Judges

Janse van Nieuwenhuizen, Hughes

The High Court struck an attorney from the roll after finding he participated in a dishonest scheme to inflate legal accounts and misappropriate client funds.

• Attorney Misconduct
• Striking Off Roll
• Fiduciary Duty
• Fraudulent Misappropriation
• Professional Ethics
• Attorney-misconduct

Ngcobo v Minister of Correctional Services and Others (D962/12)

Ngcobo v Minister of Correctional Services and Others (D962/12) [2014] ZALCD 54 (7 October 2014)

Court

Labour Court Durban

Case number

D962/12

Judge

Harkoo

The court found that the commissioner had objectively considered all relevant evidence and reached a decision justified by the facts. The applicant's own sworn statement admitted responsibility for the loss and manipulation of state funds, and this was corroborated by documentary and witness evidence. The commissioner correctly found the dismissal substantively fair, as the trust relationship was irreparably broken. The procedural irregularity was acknowledged, but no compensation was warranted given the gravity of the misconduct. The review application failed to meet the threshold for unreas…

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• Unfair Dismissal
• Review Of Arbitration Award
• Condonation
• Fraudulent Misappropriation
• Trust Relationship
• Procedural Fairness