South Africa Case Law

Jordaan and Another v National Director of Public Prosecutions and Others (5833/2023; 5325/2023)

Jordaan and Another v National Director of Public Prosecutions and Others (5833/2023; 5325/2023) [2025] ZAMPMBHC 52 (11 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5833/2023; 5325/2023

Judge

Moleleki

The High Court dismissed an application to release restrained funds for legal and living expenses under POCA, finding inadequate disclosure and unmet jurisdictional requirements.

• Prevention Of Organised Crime Act
• Asset Forfeiture
• Full Disclosure
• Curatorship
• Living Expenses
• Legal Expenses

Regiments Fund Managers (PTY) Ltd and Others v The National Director of Public Prosecutions and Another (40451/2019)

Regiments Fund Managers (PTY) Ltd and Others v The National Director of Public Prosecutions and Another (40451/2019) [2022] ZAGPJHC 659 (1 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

40451/2019

Judge

ML Senyatsi

The court found that the application was urgent due to the ongoing Supreme Court of Appeal proceedings and the inability of the applicants to obtain substantial redress if the matter were heard in the ordinary course. The applicants had made full disclosure of their assets to the curator bonis, who confirmed compliance with disclosure obligations. The refusal to release funds for legal expenses was not justified, especially as the applicants could not meet these expenses from unrestrained property. The requirements of section 26(6) of POCA were satisfied, and the legal expenses were market-re…

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• Urgent Application
• Restraint Order
• Legal Expenses
• Prevention Of Organised Crime Act
• Full Disclosure
• Curator Bonis

Roos (20916/2016), Ex parte

Roos (20916/2016), Ex parte [2017] ZAGPPHC 183; 2017 (6) SA 491 (GJ) (22 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

20916/2016

Judge

Khumalo

The court referred a curator bonis application to oral evidence after finding material discrepancies in the medical evidence and inadequate investigation by the curator ad litem.

• Curatorship
• Rule 57 Application
• Medical Evidence
• Full Disclosure
• Appointment Of Curator Bonis
• Ex-parte-applications

South African Revenue Service v Lazenby Vervoer CC and Others (1640/2013)

South African Revenue Service v Lazenby Vervoer CC and Others (1640/2013) [2014] ZANWHC 44 (14 November 2014)

Court

North West High Court, Mafikeng

Case number

1640/2013

An article examining whether a criminal record bars admission to the legal profession, concluding it does not, but that applicants must show full disclosure and genuine reformation.

• Admission To Legal Profession
• Fit And Proper Person
• Criminal Record
• Reformation Of Character
• Full Disclosure
• Professional Integrity

Purdon (53894/2013), Ex parte

Purdon (53894/2013), Ex parte [2014] ZAGPPHC 95 (24 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

53894/2013

Judge

Makgoka

The High Court refused rehabilitation of an insolvent estate for lack of full disclosure, no demonstrated benefit to creditors, and indications of collusion.

• Rehabilitation Of Insolvent
• Sequestration
• Advantage To Creditors
• Full Disclosure
• Collusion In Sequestration
• Rehabilitation-of-insolvent

Folotsi Transport CC v A J Scholtz t/a A & E Logistics (2135/2013)

Folotsi Transport CC v A J Scholtz t/a A & E Logistics (2135/2013) [2013] ZAFSHC 114 (11 June 2013)

Court

Free State High Court, Bloemfontein

Case number

2135/2013

Judge

Mocumie

The application was dismissed because the applicant failed to make full disclosure of material facts in its ex parte application, and the matter must be decided on the facts as stated by the respondent. The respondent's version of the oral agreement and subsequent conduct was more probable and not clearly untenable. The applicant was not entitled to final relief for the return of the truck, and any disputes between the parties could be resolved in a trial or action if pursued further.

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• Ex Parte Applications
• Contract Termination
• Urgent Interdict
• Full Disclosure
• Oral Agreement

Ex Parte: Gouws en Anders (50139/12 ,9904/13 ,9915/13 ,15891/13)

Ex Parte: Gouws en Anders (50139/12 ,9904/13 ,9915/13 ,15891/13) [2013] ZAGPPHC 134 (31 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

50139/12 ,9904/13 ,9915/13 ,15891/13

Judge

E Bertelsmann

The court found that the applicants, all represented by the same firm, had engaged in a practice of rounding off the total liabilities in their asset registers to produce round figures, purportedly for readability. This practice was confirmed by affidavit and was found to be unacceptable, as it compromised the accuracy and reliability of the information presented to the court and creditors. The court emphasized that the Insolvency Act requires precise disclosure of all debts and assets, and that ex parte applicants must act with utmost good faith, making full and truthful disclosure of all re…

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• Voluntary Surrender
• Insolvency Act Compliance
• Ex Parte Applications
• Creditor Advantage
• Full Disclosure

Msimango and Others v National Director of Public Prosecutions and Another, Ex parte: In re National Director of Public Prosecutions v Msimango and Others (1880/2008, 1334/2008)

Msimango and Others v National Director of Public Prosecutions and Another, Ex parte: In re National Director of Public Prosecutions v Msimango and Others (1880/2008, 1334/2008) [2011] ZAFSHC 17 (3 February 2011)

Court

Free State High Court, Bloemfontein

Case number

1880/2008, 1334/2008

Judge

S. Ebrahim

The court found that the applicants had made full disclosure of their interests in the restrained property both in their founding papers and to the Asset Forfeiture Unit. The respondents failed to provide evidence that the amounts claimed for legal expenses were unreasonable or that the applicants could meet such expenses from unrestrained property. The court held that section 26(6) of POCA does not distinguish between legal expenses for restraint proceedings and related criminal proceedings, and the applicants' right to legal representation is constitutionally protected. The omission in the…

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• Prevention Of Organised Crime Act
• Restraint Order
• Release Of Funds
• Legal Expenses
• Full Disclosure
• Curator Bonis

Bouwer and similar applications (56240/08), Ex parte

Bouwer and similar applications (56240/08), Ex parte [2009] ZAGPPHC 1 (3 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

56240/08

Judge

T M Makgoka

The court refused 25 voluntary-surrender applications after finding inadequate disclosure, sketchy insolvency reasons, and unreliable property valuations.

• Voluntary Surrender
• Insolvency Act Requirements
• Advantage To Creditors
• Valuation Of Assets
• Full Disclosure
• Expert Evidence

National Entitled Workers Union (NEWU) v Minister of Labour and Others (J2457/05)

National Entitled Workers Union (NEWU) v Minister of Labour and Others (J2457/05) [2006] ZALC 59; [2006] 10 BLLR 951 (LC); (2006) 27 ILJ 1901 (LC) (5 May 2006)

Court

Labour Court

Case number

J2457/05

Judge

Pillay D

The Labour Court held that NEWU failed to disclose material facts in an urgent application and discharged a rule nisi, with punitive costs against the union.

• Trade Union Registration
• Urgent Interdict
• Full Disclosure
• Statutory Reporting Obligations
• Punitive Costs
• Stay Of Proceedings