South Africa Case Law

Jonker and Another v Bothaville N.O and Others (901/2025)

Jonker and Another v Bothaville N.O and Others (901/2025) [2025] ZAFSHC 91 (27 February 2025)

Court

Free State High Court, Bloemfontein

Case number

901/2025

Judge

Grobler, AJ

The court found that the Master had taken only one decision, namely the removal of the liquidators under s379(1)(b) of the Companies Act, and that the interim order suspended the operation of the entire decision pending review. The applicants failed to establish any clear or prima facie right to the relief sought, as the Master's decision was fully suspended and the liquidators were entitled to continue with the administration and interrogation. The applicants did not demonstrate any real harm that would result from the interrogation, and their allegations of victimisation and harassment were…

Source excerpt

• Urgent Interdict
• Liquidation Proceedings
• Removal Of Liquidator
• Creditors Meeting
• Insolvency Enquiry

Du Plessis and Another v Master of the High Court, (Cape Town) and Others - Reasons (12024/2022)

Du Plessis and Another v Master of the High Court, (Cape Town) and Others - Reasons (12024/2022) [2023] ZAWCHC 188 (4 August 2023)

Court

Western Cape High Court, Cape Town

Case number

12024/2022

Judge

E D Wille

The High Court reviewed and set aside the Master’s ruling that an insolvency enquiry was invalid, confirming the later part of the enquiry was valid.

• Promotion Of Administrative Justice Act
• Insolvency Enquiry
• Review Of Administrative Action
• Liquidation Proceedings
• Costs Award
• Validity Of Enquiry

Wilkinson v Magistrate Ramahanelo N.O and Others (14668/2021)

Wilkinson v Magistrate Ramahanelo N.O and Others (14668/2021) [2021] ZAGPPHC 193 (6 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

14668/2021

Judge

N Davis

The High Court barred a non-proven creditor from attending a section 152 insolvency enquiry, finding its involvement would abuse the process in pending litigation.

• Insolvency Enquiry
• Abuse Of Process
• Interdict
• Trustee Duties
• Creditor Participation
• Insolvency-enquiry

Strydom v Additional Magistrate Kempton Park and Others (9208/08)

Strydom v Additional Magistrate Kempton Park and Others (9208/08) [2010] ZAGPPHC 32 (16 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

9208/08

Judge

Makgoba

The court dismissed a review of an insolvency enquiry held before a magistrate, holding that the Master’s venue decision was not reviewable and caused no shown prejudice.

• Insolvency Enquiry
• Review Of Administrative Action
• Jurisdiction Of Master
• Subpoena Irregularity
• Insolvency-enquiry
• Judicial-review