South Africa Case Law

LSO Consulting Engineers (Pty) Ltd and Another v Ndyamara and Others (56620/21)

LSO Consulting Engineers (Pty) Ltd and Another v Ndyamara and Others (56620/21) [2022] ZAGPPHC 49 (26 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

56620/21

Judge

Basson

The court held that the Companies Act does not provide for the amendment of a business rescue plan once it has been finally adopted by the required majority of creditors. Any provision in the plan purporting to give the business rescue practitioner the right to amend the plan after adoption is invalid and contrary to the statutory scheme, which vests control in the creditors through a democratic voting process. The purported amendment was not validly adopted, as it did not receive the statutorily required 75% majority vote. The application to set aside the amendments was therefore granted, an…

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• Business Rescue
• Creditors Rights
• Companies Act
• Amendment Of Business Rescue Plan
• Majority Vote Requirement

National Employers Association of South Africa and Another v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (J 947/22)

National Employers Association of South Africa and Another v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (J 947/22) [2020] ZALCJHB 271 (28 September 2020)

Court

Labour Court Johannesburg

Case number

J 947/22

Judge

S Snyman

Leave to appeal was refused after the Labour Court found no reasonable prospects of success on any of the applicants’ grounds.

• Extension Of Collective Agreements
• Leave To Appeal Test
• Bargaining Council Meetings
• Majority Vote Requirement
• Alternative Remedy
• Costs Award

Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape Province (537/10)

Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape Province (537/10) [2011] ZASCA 53; 2011 (3) SA 538 (SCA); [2011] 3 All SA 459 (SCA) (31 March 2011)

Court

Supreme Court of Appeal

Case number

537/10

Judges

HARMS DP, CLOETE JA, LEWIS JA, PONNAN JA, MAJIEDT JA

The Supreme Court of Appeal held that the Premier of the Western Cape Province was entitled to participate in the Judicial Service Commission proceedings concerning complaints against the Judge President of the Western Cape High Court, as these were matters relating to a specific high court in her province. The JSC was not properly constituted because the Premier was not notified and absent, and the decisions taken were not supported by a majority of all members entitled to be present, as required by section 178(6) of the Constitution. The relief granted by the court a quo, declaring the JSC'…

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• Judicial Service Commission Composition
• Majority Vote Requirement
• Premier Participation
• Gross Misconduct Investigation
• Constitutional Interpretation

Member of the Executive Council for Development Planning and Local Government, Gauteng v Democratic Party and Others (CCT33/97)

Member of the Executive Council for Development Planning and Local Government, Gauteng v Democratic Party and Others (CCT33/97) [1998] ZACC 9; 1998 (4) SA 1157; 1998 (7) BCLR 855 (29 May 1998)

Court

Constitutional Court

Case number

CCT33/97

Judges

Chaskalson, Yacoob, Langa, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, O'Regan, Sachs

The Constitutional Court held that section 16(5) of the LGTA remained valid during the constitutional transition and dismissed the appeal with costs.

• Local Government Transition
• Majority Vote Requirement
• Constitutional Supremacy
• Transitional Provisions
• Deadlock Breaking Mechanism
• Constitutional-law