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

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023)

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023) [2025] ZANWHC 141 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

UM262/2023

Judge

Dibetso-Bodibe

The High Court refused leave to appeal against its earlier ex parte reconsideration order, finding no reasonable prospects of success.

• Leave To Appeal
• Locus Standi
• Ex Parte Orders
• Communal Property Association Act
• Motion Proceedings
• Leave-to-appeal

Van Dyk v DKD Machine Services (Pty) Ltd (Appeal) (25789/2024)

Van Dyk v DKD Machine Services (Pty) Ltd (Appeal) (25789/2024) [2025] ZAWCHC 321 (30 July 2025)

Court

Western Cape High Court, Cape Town

Case number

25789/2024

Judge

Roux

The court dismissed a winding-up application, finding no commercial insolvency and no just-and-equitable basis where exclusion followed the applicant’s resignation.

• Winding Up Of Companies
• Commercial Insolvency
• Just And Equitable Ground
• Locus Standi
• Shareholder Disputes
• Winding-up-of-companies

Moletji v Standard Bank of South Africa and Others (29793/2016)

Moletji v Standard Bank of South Africa and Others (29793/2016) [2025] ZAGPPHC 775 (30 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

29793/2016

Judge

Ramawele

The High Court dismissed an application to stop a sale in execution, holding the applicant lacked standing and had proven no valid sale agreement.

• Sale In Execution
• Locus Standi
• Contract Of Sale
• Mortgage Bond
• Default Judgment
• Sale-in-execution

Sigogo (2025-117399), Ex parte

Sigogo (2025-117399), Ex parte [2025] ZAGPPHC 769 (30 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-117399

Judge

E van der Schyff

The High Court dismissed an urgent ex parte application to preserve estate funds and obtain bank statements, holding that the applicant lacked locus standi.

• Locus Standi
• Estate Administration
• Preservation Of Funds
• Principal Agent Relationship
• Locus-standi
• Estate-administration

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021)

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021) [2025] ZAGPJHC 740 (24 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46591/2021

Judge

Van Aswegen

The application for leave to appeal does not meet the statutory threshold under section 17(1)(a)(i) of the Superior Courts Act, as the Appellant failed to demonstrate that another court would come to a different conclusion. The grounds of appeal were not clearly articulated in compliance with Rule 49(4), consisting mainly of broad assertions and unsubstantiated criticisms. The Appellant's defences of securitisation, estoppel, and debt risk insurance were speculative, lacked factual support, and were not pleaded with sufficient particularity. The summary judgment order and declaration of execu…

Source excerpt

• Leave To Appeal Standard
• Summary Judgment
• Mortgage Bond Enforcement
• Rule 46a Execution
• Reserve Price Setting
• Locus Standi

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021)

Georgiou N.O and Another v Poole and Another (A143/2024 ; 2566/2021) [2025] ZAGPPHC 738 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A143/2024 ; 2566/2021

Judges

M J Teffo, M Motha, M M D Lenyai

The court held that the Trust, as heir and beneficiary, does not acquire ownership of the deceased's assets upon death but only a contingent personal right against the executor, enforceable after confirmation of the liquidation and distribution account. This right is financial, not legal, and does not confer locus standi to intervene in sequestration proceedings. The trustees were inquorate and failed to appoint a third trustee as required by the Trust Deed, further undermining their standing. The court found no merit in the argument that Mr Poole lacked locus standi due to the alleged cessio…

Source excerpt

• Locus Standi
• Intervention Application
• Sequestration
• Trust Deed Interpretation
• Business Rescue Plan

Bester N.O and Others v Maas N.O and Another (2025-071547)

Bester N.O and Others v Maas N.O and Another (2025-071547) [2025] ZAGPPHC 726 (17 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-071547

Judge

MNGQIBISA-THUSI

The court found that the applicants failed to provide objective evidence of ongoing dissipation of the Trust's assets and did not adequately explain the delay in launching the urgent application. The urgency was deemed self-created, as the applicants had knowledge of the Trust's identity since 2023 but only instituted urgent proceedings in 2025, despite already having pending action proceedings for the same relief. The applicants did not demonstrate that they would be unable to obtain substantial redress in due course. Consequently, the court declined to hear the matter as urgent and struck i…

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• Provisional Sequestration
• Urgent Application
• Impeachable Disposition
• Insolvency Act Section 26
• Locus Standi
• Lis Pendens

Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others (909/2023)

Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others (909/2023) [2025] ZASCA 103 (15 July 2025)

Court

Supreme Court of Appeal

Case number

909/2023

Judges

Mbatha, Mothle, Hughes, Unterhalter, Modiba

The Supreme Court of Appeal held that section 354(1) of the Companies Act does not exclude the common law rights of a company or its directors to apply for rescission of a winding-up order. The directors retain residual powers to act on behalf of the company in liquidation, including challenging or appealing winding-up orders, without the cooperation of liquidators. The application for rescission may be brought under common law or Rule 42(1)(a) of the Uniform Rules of Court, which is not restricted to liquidators, creditors, or members. The high court was correct in finding that HR Computek h…

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• Locus Standi
• Winding Up
• Rescission Of Order
• Directors Residual Powers
• Fiduciary Duties
• Companies Act 1973

Mankuroane and Others v Buti and Others (M164/23)

Mankuroane and Others v Buti and Others (M164/23) [2025] ZANWHC 118 (15 July 2025)

Court

North West High Court, Mafikeng

Case number

M164/23

Judge

A Reddy

The court found that the applicants, as the Paramount Chief, Traditional Council, and registered cooperative, have locus standi as persons in charge and lawful custodians of the land under both statutory and customary law. The respondents are unlawful occupiers, having no permission or legal right to occupy the land, and have continued their occupation despite previous court orders. The applicants failed to serve the required PIE notice on the third and fourth respondents, rendering the application against them fatally defective. The remaining respondents have not raised a valid defence, and…

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• Prevention Of Illegal Eviction Act
• Customary Land Rights
• Locus Standi
• Just And Equitable Eviction
• Municipal Services
• Public Interest Litigation