South Africa Case Law

Majiedt NO and Another v Mangaung Metropolitan Municipality and Others (6418/2024)

Majiedt NO and Another v Mangaung Metropolitan Municipality and Others (6418/2024) [2025] ZAFSHC 219 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

6418/2024

Judge

Daniso

The court found that the municipality unlawfully included arrears older than two years in the clearance figures, contrary to section 118(1)(b) of the Municipal Systems Act. The municipality failed to provide a transparent, itemised breakdown of the amounts due and included charges from a different account number without explanation. The court held that only debts accrued in the two years preceding the application may be demanded for clearance purposes, and that the municipality must provide full particulars limited to this period. The municipality's counter-application for payment of outstand…

Source excerpt

• Municipal Clearance Certificate
• Liquidation Procedure
• Rates And Taxes
• Creditors Meeting
• Section 118 Municipal Systems Act
• Proof Of Claim

Moabi and Others v Amogelang Logistics CC and Others (Reasons) (2024-142409)

Moabi and Others v Amogelang Logistics CC and Others (Reasons) (2024-142409) [2025] ZAGPPHC 178 (25 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-142409

Judge

de Vos

The applicants failed to establish a reasonable prospect of rescuing Amogelang Logistics CC. The contracts relied upon were either invalid or incomplete, and the financial information provided was inconsistent and unsubstantiated. The liquidators' report, admitted as hearsay under section 3(1)(c) of the Law of Evidence Amendment Act, raised serious concerns about questionable transactions, tax non-compliance, and the true state of the company's assets and liabilities. Statutory protections for employees under liquidation were found to be sufficient, and the applicants did not counter the evid…

Source excerpt

• Business Rescue
• Companies Act Section 131
• Liquidation Procedure
• Preferential Claims In Liquidation
• Abuse Of Process

Tayob v Lifestyle Furnishers CC (14835/2020)

Tayob v Lifestyle Furnishers CC (14835/2020) [2024] ZAGPPHC 1132 (4 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

14835/2020

Judge

Mbongwe

The High Court ordered a liquidated close corporation to furnish security for costs in an action against a business rescue practitioner, finding it impecunious and funded by a creditor.

• Security For Costs
• Close Corporation Liability
• Reckless Trading
• Business Rescue
• Liquidation Procedure
• Security-for-costs

M.H v Symes and Others (5822/2022)

M.H v Symes and Others (5822/2022) [2024] ZAGPJHC 279 (15 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

5822/2022

Judge

A Bishop

High Court review of a liquidation search warrant: the magistrate’s order stood, but opening safes exceeded the warrant and was unlawful.

• Insolvency Act Section 69
• Search And Seizure
• Liquidation Procedure
• Review Of Magistrate Order
• Constitutional Rights Privacy
• Execution Of Search Warrant

Murray and Others NNO v Ntombela and Others (729/2022)

Murray and Others NNO v Ntombela and Others (729/2022) [2024] ZASCA 24; [2024] 2 All SA 342 (SCA); 2024 (4) SA 95 (SCA) ( (14 March 2024)

Court

Supreme Court of Appeal

Case number

729/2022

Judges

Petse, Mabindla-Boqwana, Molefe, Kathree-Setiloane, Keightley

The Supreme Court of Appeal held that a Rule 53 record had to be produced in a review of liquidators’ decision to resile from a property sale, and dismissed the appeal.

• Uniform Rule 53
• Judicial Review
• Liquidation Procedure
• Specific Performance
• Concursus Creditorum
• Rule-53-record

Jacobs N.O v Nakedi and Others (4648/2023)

Jacobs N.O v Nakedi and Others (4648/2023) [2024] ZAFSHC 12 (30 January 2024)

Court

Free State High Court, Bloemfontein

Case number

4648/2023

Judge

JP Daffue

The court found that the applicant, as liquidator, had locus standi and statutory authority to seek eviction of the first respondent and all persons occupying through him. The respondent’s right to occupy, originally granted by his late father, ceased upon the father’s death and subsequent liquidation of the company. No consent was given by the liquidator for continued occupation. The respondent failed to provide evidence of ongoing lawful occupation or circumstances justifying retention of the property. The procedural requirements of PIE were met, and the respondent’s opposition did not rais…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Liquidation Procedure
• Eviction Order
• Just And Equitable Test

Avaris Group (Pty) Limited v Du Plessis and Another (A45004/2023)

Avaris Group (Pty) Limited v Du Plessis and Another (A45004/2023) [2024] ZAGPJHC 11 (12 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A45004/2023

Judges

Adams, Thupaatlase

Appeal over a liquidation search-and-seizure warrant under section 69(3) of the Insolvency Act was dismissed; the court held reasonable suspicion was shown.

• Winding Up
• Search And Seizure
• Reasonable Suspicion
• Liquidation Procedure
• Hearsay Evidence
• Ownership Dispute

Brown N.O and Another v MEC responsible for Transport Community Safety and Liason KwaZulu-Natal (2383/23P)

Brown N.O and Another v MEC responsible for Transport Community Safety and Liason KwaZulu-Natal (2383/23P) [2023] ZAKZPHC 144 (27 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2383/23P

Judge

Mlotshwa AJ

The High Court held that pre-liquidation vehicle licence debts formed part of the concursus creditorum and had to be proved in liquidation, not demanded upfront.

• Liquidation Procedure
• Concursus Creditorum
• Preferent Creditor Status
• Road Traffic Regulations
• Proof Of Claims
• Liquidation-procedure

Mantis Investments Holdings v De Jager N O (696/2022)

Mantis Investments Holdings v De Jager N O (696/2022) [2023] ZASCA 134; 2024 (3) SA 431 (SCA) (18 October 2023)

Court

Supreme Court of Appeal

Case number

696/2022

Judges

Ponnan, Mbatha, Kathree-Setiloane, Keightley, Unterhalter

The SCA held that a Master’s admission of a creditor’s claim under the Insolvency Act stands unless reviewed, and the appellants could not contest ECDC’s proved claim.

• Insolvency Act Proof Of Claims
• Collusive Disposition
• Liquidation Procedure
• Creditor Rights
• Insolvency-law
• Proof-of-claim

Remitto (Pty) Ltd v Bresler Boerdery (Pty) Ltd and Another - Leave to Appeal (2412/2023)

Remitto (Pty) Ltd v Bresler Boerdery (Pty) Ltd and Another - Leave to Appeal (2412/2023) [2023] ZAFSHC 309 (3 August 2023)

Court

Free State High Court, Bloemfontein

Case number

2412/2023

Judge

Opperman

Leave to appeal was dismissed in a dispute over R1.3 million paid by mistake into a liquidated company’s bank account, with the court finding no prospects of success.

• Erroneous Payment
• Liquidation Procedure
• Interdict
• Concursus Creditorum
• Banking Liability
• Urgent Application