South Africa Case Law

National Director of Public Prosecutions v Victor N.O and Others (756/2023)

National Director of Public Prosecutions v Victor N.O and Others (756/2023) [2025] ZASCA 31; 2025 (1) SACR 561 (SCA) (31 March 2025)

Court

Supreme Court of Appeal

Case number

756/2023

Judges

Mbatha, Hughes, Meyer, Matojane, Koen

The Supreme Court of Appeal dismissed the NDPP’s application to reinstate a lapsed appeal about POCA-preserved funds now held in insolvency administration.

• Prevention Of Organised Crime Act
• Preservation Order
• Insolvency Proceedings
• Condonation
• Arbitrary Deprivation Of Property
• Forfeiture Application

Kellerman and Others v Bester N.O and Others (5167/2022)

Kellerman and Others v Bester N.O and Others (5167/2022) [2023] ZAWCHC 29 (17 February 2023)

Court

Western Cape High Court, Cape Town

Case number

5167/2022

Judge

Wille

The High Court dismissed an application to remove insolvent estate trustees, finding no misconduct and holding that the first applicant lacked locus standi.

• Removal Of Trustees
• Insolvency Proceedings
• Creditor Locus Standi
• Misconduct Of Trustees
• Sequestration
• Liquidation Of Company

Statusfin Financial Service (Pty) Ltd v Carstens and Another (23807/2018)

Statusfin Financial Service (Pty) Ltd v Carstens and Another (23807/2018) [2022] ZAGPPHC 803 (17 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

23807/2018

Judge

Neukircher

The High Court upheld Statusfin’s claim against two sureties, rejected the defence that the debt consolidation agreement was void, and ordered execution against specified properties.

• Suretyship Liability
• Principal Debt
• Mortgage Bond Enforcement
• Certificate Of Balance
• Execution Against Property
• Insolvency Proceedings

Victor and Another v Wonderhoek Farms (Pty) Ltd and Others (2145/2021)

Victor and Another v Wonderhoek Farms (Pty) Ltd and Others (2145/2021) [2021] ZAFSHC 219 (7 September 2021)

Court

Free State High Court, Bloemfontein

Case number

2145/2021

Judge

Reinders

The High Court dismissed an insolvent applicant’s bid for interim relief, holding that he lacked locus standi, the properties were not shown to be his estate, and all trustees had not been joined.

• Locus Standi
• Interim Interdict
• Trust Property
• Insolvency Proceedings
• Locus-standi
• Insolvency

Silostrat (Pty) Ltd & Others v Pieter Hendrik Strydom N.O & Others (845/2019, 898/2019)

Silostrat (Pty) Ltd & Others v Pieter Hendrik Strydom N.O & Others (845/2019, 898/2019) [2021] ZASCA 93 (25 June 2021)

Court

Supreme Court of Appeal

Case number

845/2019 and 898/2019

Judges

Ponnan, Dambuza, Nicholls, Gorven, Mabindla-Boqwana

The Supreme Court of Appeal dismissed competing appeals over cession ranking, holding Standard Bank’s cession did not cover the 2015 maize proceeds and rectification failed.

• Cession Of Rights
• Rectification Of Contracts
• Ranking Of Creditors
• Insolvency Proceedings
• Interpretation Of Legal Documents
• Cession-of-rights

Malan v Syffert NO and Others (2444/14)

Malan v Syffert NO and Others (2444/14) [2015] ZAGPPHC 1119 (17 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

2444/14

Judge

C.P. Rabie

The High Court rectified a sale agreement and two deeds to reflect the true property intended to be sold, and dismissed a counter-application for eviction.

• Rectification Of Contract
• Rectification Of Transport Deed
• Registration Of Property
• Insolvency Proceedings
• Prescription
• Costs Order

SA Solidarity Union and Others v Iliad Africa Trading (Pty) Ltd and Another (J1229/10; J1181/10)

SA Solidarity Union and Others v Iliad Africa Trading (Pty) Ltd and Another (J1229/10; J1181/10) [2012] ZALCJHB 144 (17 February 2012)

Court

Labour Court Johannesburg

Case number

J1229/10; J1181/10

Judge

U Bhoola

The Labour Court dismissed a rescission and variation application, rejecting fraud and locus standi arguments, and granted provisional winding-up under section 104 of the LRA.

• Winding Up Of Trade Union
• Costs Orders
• Rescission Of Judgment
• Locus Standi
• Insolvency Proceedings
• Rescission-of-judgment

Smith v Porritt and Others (536/05)

Smith v Porritt and Others (536/05) [2007] ZASCA 19; [2007] SCA 19 (RSA); 2008 (6) SA 303 (SCA); (23 March 2007)

Court

Supreme Court of Appeal

Case number

536/05

Judges

Scott, Streicher, Brand, Ponnan, Combrinck

The Supreme Court of Appeal held that the defence of res judicata is not available to a creditor whose claim is challenged by the trustee or liquidator, as the latter is not privy to the insolvent or company in liquidation and has independent rights under the relevant statutes. The judgment granting liquidation or sequestration does not constitute a final determination of the creditor's claim, but merely establishes locus standi. The subpoenas issued to the appellant were justified as they sought documents relevant to the examination of PSC's claims against EBN and Awethu, and there was no ev…

Source excerpt

• Insolvency Proceedings
• Subpoena And Discovery
• Creditor Claims
• Res Judicata
• Privilege
• Abuse Of Process

Venter NO and Another v Coetzee and Others (5704/2005)

Venter NO and Another v Coetzee and Others (5704/2005) [2006] ZAFSHC 12 (1 June 2006)

Court

Free State High Court, Bloemfontein

Case number

5704/2005

Judge

Kruger R

The court found that the applicants, as liquidators and creditors of the first respondent, had established all the requirements for the Actio Pauliana. The notarial lease agreement was entered into at a time when the first respondent was aware of investigations into his business and the likelihood of insolvency. The lease placed virtually all his assets beyond the reach of creditors for an extended period, with no genuine consideration provided by the second and third respondents. The timing and circumstances of the transaction, including the involvement of family members and the registration…

Source excerpt

• Actio Pauliana
• Fraudulent Conveyance
• Insolvency Proceedings
• Declaratory Relief
• Burden Of Proof

Land and Agricultural Development Bank of SA t/a Landbank v Master of the High Court and Others (2455/04)

Land and Agricultural Development Bank of SA t/a Landbank v Master of the High Court and Others (2455/04) [2005] ZAWCHC 4; 2005 (4) SA 81 (C) (25 January 2005)

Court

Western Cape High Court, Cape Town

Case number

2455/04

Judge

Davis

The court held that section 33 of the Land and Agricultural Development Bank Act 15 of 2002 applies only to advances made under that Act. The advances in question were made under the previous Land Bank Act 13 of 1944, and the agreements were concluded before the 2002 Act came into effect. The statutory wording is clear and does not provide relief for advances made under the 1944 Act. Section 90 of the Insolvency Act does not extend the scope of the 2002 Act to such advances. The applicant's claim to preferent creditor status and attachment of the free residue under the 2002 Act therefore fail…

Source excerpt

• Preferent Creditor Status
• Insolvency Proceedings
• Statutory Interpretation
• Authority To Institute Proceedings