South Africa Case Law

Peri Formwork Scaffolding Engineering (Pty) Ltd v Broad-Based Black Economic and Others (20479/21)

Peri Formwork Scaffolding Engineering (Pty) Ltd v Broad-Based Black Economic and Others (20479/21) [2024] ZAGPPHC 359 (19 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

20479/21

Judge

M P Motha

The court found that the Commission's findings dated 17 December 2020 were final and not preliminary, as evidenced by the language of the correspondence and the absence of further engagement after the applicant's response. The findings had a direct external legal effect and adversely affected the applicant's rights, thus constituting administrative action under PAJA. The Commission's misunderstanding of the applicant's ownership structure and the operation of the trust led to findings based on irrelevant considerations and errors of law. The Commission failed to follow proper procedure, inclu…

Source excerpt

• Promotion Of Administrative Justice Act
• Fronting Practice
• Bbbee Compliance
• Trust Law
• Procedural Fairness
• Company Structure

Cargo Carriers Proprietary Limited v Broad-Based Black Empowerment Commission and Others (76000/2019)

Cargo Carriers Proprietary Limited v Broad-Based Black Empowerment Commission and Others (76000/2019) [2022] ZAGPPHC 38; [2022] HIPR 190 (GP) (28 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

76000/2019

Judge

Potterill

The High Court reviewed and set aside the B-BBEE Commission’s adverse findings against Cargo Carriers and dismissed the complaint.

• Promotion Of Administrative Justice Act
• Fronting Practice
• Broad Based Black Economic Empowerment
• Review Of Administrative Action
• Corporate Governance
• Administrative-law

Ngonyama and Another v Ntsimbintle Holdings (Pty) Ltd and Others (21/5779)

Ngonyama and Another v Ntsimbintle Holdings (Pty) Ltd and Others (21/5779) [2021] ZAGPJHC 31 (26 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

21/5779

Judge

T P Mudau

The High Court granted urgent interim relief preserving disputed dividends in an interest-bearing account pending final appeal outcomes.

• Interim Interdict
• Dividend Distribution
• Beneficial Ownership
• Liquidation Procedure
• Fronting Practice
• Broad Based Black Economic Empowerment

Rand Water v Zuikerbosch Biocal Products CC and Taroline (Pty) Ltd Joint Venture and Another (52056/16)

Rand Water v Zuikerbosch Biocal Products CC and Taroline (Pty) Ltd Joint Venture and Another (52056/16) [2018] ZAGPPHC 679 (21 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

52056/16

Judge

P.A. Meyer

The High Court partially set aside an arbitral award, holding that one subsidy component fell outside the pleaded dispute, but upheld the rest.

• Arbitration Act 42 Of 1965
• Setting Aside Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Fronting Practice
• Contractual Obligations

Electronic Mining Supplies CC v Mabelane N.O and Another (807/2015)

Electronic Mining Supplies CC v Mabelane N.O and Another (807/2015) [2018] ZAGPPHC 648 (28 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

807/2015

Judge

Roelofse

The court found that the applicant failed to establish that the deceased lawfully resigned as a member prior to her death, as there was a real dispute of fact and the evidence was insufficient. Relief sought under sections 36 and 37 of the Close Corporations Act was denied because only a member may apply for cessation of membership, and no alternative disposition applied. The court held that the deceased's membership interest must be disposed of in accordance with section 35 of the Act, and ordered an independent valuation and sale or transfer of the interest. The court expressed serious conc…

Source excerpt

• Close Corporations Act
• Membership Interest Disposal
• Declaratory Relief
• Fronting Practice
• Broad Based Black Economic Empowerment
• Valuation Of Members Interest