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South Africa Case Law

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Banking And Finance [2023] ZASCA 4

South African Reserve Bank and Another v Johnine Winsome Elisie Maddocks N O and Another (1268/2021)

South African Reserve Bank and Another v Johnine Winsome Elisie Maddocks N O and Another (1268/2021) [2023] ZASCA 4; [2023] 2 All SA 61 (SCA); 2023 (4) SA 85 (SCA) (23 January 2023)

Court
Supreme Court of Appeal
Case number
1268/2021
Judges
Zondi, Mocumie, Gorven, Nhlangulela, Basson

The Supreme Court of Appeal held that the liquidation of the companies did not nullify the blocking orders issued under the Exchange Control Regulations. As the blocking orders were extant at the time of liquidation, it was competent for the Reserve Bank to issue forfeiture orders after liquidation. The forfeiture orders did not render the Reserve Bank a creditor of the insolvent companies, nor did the forfeited monies fall into the insolvent estates for distribution by the liquidators. The regulatory framework for currency and exchanges, including the power to block and forfeit assets, opera…

Source excerpt

  • Exchange Control Regulations
  • Forfeiture Orders
  • Blocking Orders
  • Liquidation And Concursus Creditorum
  • Statutory Interpretation
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Commercial And Corporate [2005] ZAGPHC 261

Affinity Logic (Pty) Ltd and Others v Fourie NO and Others (26609/2003)

Affinity Logic (Pty) Ltd and Others v Fourie NO and Others (26609/2003) [2005] ZAGPHC 261 (2 June 2005)

Court
High Courts - Gauteng
Case number
26609/2003
Judge
S J Mynhardt

The court held that clause 20 of the agreement does not constitute an enforceable pre-estimate of damages nor a penalty clause under the Conventional Penalties Act. The clause merely accelerates payment of service fees upon certain events, but does not extinguish the reciprocal obligations under the executory contract. Upon liquidation and repudiation by the liquidators, the plaintiff cannot enforce accelerated payment of future instalments, but is limited to a concurrent claim for damages proven in the ordinary manner. The clause's attempt to bind liquidators and circumvent the concursus cre…

Source excerpt

  • Acceleration Clause
  • Executory Contracts
  • Liquidation And Concursus Creditorum
  • Pre Estimate Of Damages
  • Public Policy
  • Conventional Penalties Act
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Commercial And Corporate [1995] ZASCA 158

First National Bank of SA Ltd v Lynn NO and Others (405/94)

First National Bank of SA Ltd v Lynn NO and Others (405/94) [1995] ZASCA 158; 1996 (2) SA 339 (SCA); [1996] 1 All SA 229 (A); (30 November 1995)

Court
Supreme Court of Appeal
Case number
405/94
Judges
Joubert, Nestadt, Van den Heever, Olivier, Van Coller

The Supreme Court of Appeal held that the deed of cession executed in 1984 was sufficiently broad to encompass future and conditional rights, including the contractor's right to retention money under the subsequent construction contract. The right to retention money, although subject to a suspensive condition (maintenance period and defect rectification), was a real, transferable right and not merely a spes. The cession operated to transfer such rights to the bank as they came into existence. Upon liquidation, the bank became a secured creditor with a preferent claim to the retention money, a…

Source excerpt

  • Cession Of Book Debts
  • Security In Securitatem Debiti
  • Liquidation And Concursus Creditorum
  • Retention Money In Construction Contracts
  • Conditional Rights
  • Preferent Claims
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Commercial And Corporate [1992] ZASCA 49

Diocese of Klerksdorp of the Roman Catholic Church v Southern Life Association Ltd. (133/90)

Diocese of Klerksdorp of the Roman Catholic Church v Southern Life Association Ltd. (133/90) [1992] ZASCA 49 (30 March 1992)

Court
Supreme Court of Appeal
Case number
133/90
Judges
F H Grosskopf, Hoexter, Hefer, Smalberger, Milne

The respondent (Southern) held prior cessions over the insurance policies, supported by signed acknowledgements of loan and retention of the policy documents. These cessions were perfected before the appellant's cessions and gave the respondent a security right recognised by the Insolvency Act. Upon liquidation, the right of set-off was lost, but the respondent's security remained effective. The appellant's rights under its cessions were subject to the respondent's prior security. There was no genuine dispute of fact regarding the authenticity or priority of the cessions, and no grounds exist…

Source excerpt

  • Cession In Securitatem Debiti
  • Priority Of Security Rights
  • Liquidation And Concursus Creditorum
  • Set Off In Insolvency
  • Insurance Policy Loans
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.