South Africa Case Law

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023)

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D14387/2023

Judge

Mossop

The High Court dismissed a liquidation challenge for lack of standing and no proof of misconduct. Condonation for a late reply was also refused with costs.

• Winding Up Of Companies
• Liquidator Powers
• Locus Standi
• Sale Of Assets
• Condonation
• Punitive Costs

Imperial Logistics Advance (Pty) Ltd v Master of the High Court, Pretoria and Others (2023/054694)

Imperial Logistics Advance (Pty) Ltd v Master of the High Court, Pretoria and Others (2023/054694) [2025] ZAGPPHC 737 (24 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/054694

Judge

Flatela Luleka

The High Court granted an interim interdict stopping the Master’s appointment of additional liquidators and the postponement of a section 417/418 inquiry pending Part B.

• Appointment Of Liquidators
• Conflict Of Interest
• Creditors Rights
• Interim Interdict
• Fair Administrative Action
• Companies Act 1973

Pick n Pay Retailers (Pty) Ltd v Ramalho, NO and Another (946/2023)

Pick n Pay Retailers (Pty) Ltd v Ramalho, NO and Another (946/2023) [2025] ZASCA 97 (2 July 2025)

Court

Supreme Court of Appeal

Case number

946/2023

Judges

Zondi, Unterhalter, Coppin, Phatshoane, Bloem

The Supreme Court of Appeal held that the payment made to Pick n Pay by White & Case after the liquidation of Lashka was unlawful, as it disregarded the concursus creditorum established by the liquidation. The mandate to White & Case and the authority given to Pick n Pay to instruct payment terminated upon Lashka's liquidation. The payment constituted a preferential settlement of Pick n Pay's claim to the detriment of other creditors and was contrary to the principles of insolvency law. The Sale of Business Agreement was not an uncompleted executory contract requiring further performance, as…

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• Concursus Creditorum
• Insolvency Dispositions
• Liquidation
• Mandate Termination
• Preferential Payment

Mathomomayo Investment Holding CC v Gainsford N.O and Others (Appeal) (HCAA18/2023)

Mathomomayo Investment Holding CC v Gainsford N.O and Others (Appeal) (HCAA18/2023) [2025] ZALMPPHC 127 (27 June 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA18/2023

Judges

Nkoana, Pillay, Mashamba

The Court found that the contract between the Appellant and the Fourth Respondent was divisible, with separate obligations arising for each batch of goods delivered and accepted. The Appellant made separate payments for delivered goods, demonstrating acceptance of the divisible nature of the contract. The Respondents only claimed payment for goods actually delivered and accepted, and there was no dispute regarding those deliveries. The defence of exceptio adimpleti non contractus was not applicable as the Respondents did not claim for goods not delivered. The Court further found that no mater…

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• Specific Performance
• Divisible Contracts
• Exceptio Adimpleti Non Contractus
• Dispute Of Fact
• Liquidation
• Counterclaim

Kwadukuza Municipality v Consolidated Aone Trade and Invest 6 (Pty) Ltd [in Liquidation] and Others (1273/2023)

Kwadukuza Municipality v Consolidated Aone Trade and Invest 6 (Pty) Ltd [in Liquidation] and Others (1273/2023) [2025] ZASCA 86 (11 June 2025)

Court

Supreme Court of Appeal

Case number

1273/2023

Judges

Mbatha, Hughes, Baartman, Vally, Molitsoane

The SCA held that a municipality may not demand historical municipal debts beyond section 118(1)’s two-year period as a condition for a rates clearance certificate.

• Municipal Rates Clearance
• Payment Under Protest
• Prescription Act
• Refund Of Overpayment
• Liquidation Proceedings
• Municipal-rates-clearance

Violet Transport CC v Empedocles and Others (2025/073647)

Violet Transport CC v Empedocles and Others (2025/073647) [2025] ZAGPPHC 634 (10 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/073647

Judge

Labuschagne

The High Court struck an urgent application off the roll, finding the alleged urgency was self-created and the applicant could seek redress in pending liquidation proceedings.

• Urgency In Motion Proceedings
• Interdict
• Declaratory Relief
• Service Level Agreement
• Corporate Liquidation
• Urgency-in-motion-proceedings

JR 209 Investments (Pty) Ltd and Others v Homeless People Housing Co-Operative Ltd and Others (746/2023)

JR 209 Investments (Pty) Ltd and Others v Homeless People Housing Co-Operative Ltd and Others (746/2023) [2025] ZASCA 63 (16 May 2025)

Court

Supreme Court of Appeal

Case number

746/2023

Judges

Mocumie, Makgoka, Mothle, Dolamo, Masipa

The Supreme Court of Appeal dismissed a contempt and liquidation appeal, finding the evidence of new breaches inconclusive and upholding punitive costs.

• Contempt Of Court
• Liquidation Of Cooperative
• Interdicts
• Costs Orders
• Evidence In Motion Proceedings
• Contempt-of-court

African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022)

African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022) [2025] ZAECQBHC 14 (13 May 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

3466/2022

Judge

J W Eksteen

The High Court dismissed an exception in a dispute over a cession agreement, holding that its interpretation could not be resolved on exception.

• Exception To Pleadings
• Cession Of Claims
• Contractual Interpretation
• Liquidation
• Subcontractor Liability
• Exception-to-pleadings

Botha and Another v Coetzee and Others (4847/2023)

Botha and Another v Coetzee and Others (4847/2023) [2025] ZAGPPHC 380 (13 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

4847/2023

Judge

Matsemela

The court found that the First and Second Respondents are unlawful occupiers as defined by the PIE Act, having no consent or legal right to occupy the property following the liquidation of the company that owned it. The Applicants, as duly appointed liquidators, have locus standi to bring the eviction application. The Respondents' reliance on the Extension of Security of Tenure Act was misplaced, as the property is urban and the Respondents do not meet the statutory criteria. The Respondents failed to present any valid defence or circumstances warranting continued occupation. The court held t…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Locus Standi
• Liquidation
• Extension Of Security Of Tenure Act

Firstrand Bank Limited v Optical Mediaworx Logistics (Pty) Ltd and Another (2024/003809; 2024/024772)

Firstrand Bank Limited v Optical Mediaworx Logistics (Pty) Ltd and Another (2024/003809; 2024/024772) [2025] ZAGPJHC 238 (5 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/003809; 2024/024772

Judge

E Dreyer

The High Court struck a business rescue application from the roll for defective service and granted final winding-up of the company.

• Business Rescue
• Final Winding Up
• Section 131 Companies Act
• Service Of Process
• Affected Persons Notification
• Business-rescue