South Africa Case Law

Compensation Commissioner & Others v Compensation Solutions (Pty) Ltd and Compensation Solutions (Pty) Ltd v The Compensation Commissioner & Others (997/2021; 1175/2021)

Compensation Commissioner & Others v Compensation Solutions (Pty) Ltd and Compensation Solutions (Pty) Ltd v The Compensation Commissioner & Others (997/2021; 1175/2021) [2022] ZASCA 165 (29 November 2022)

Court

Supreme Court of Appeal

Case number

997/2021; 1175/2021

Judges

Ponnan, Van der Merwe, Mothle, Goosen, Daffue

The Supreme Court of Appeal held that a 2009 settlement order applied only to claims already submitted, not future claims, and rejected two procedural objections.

• Interpretation Of Court Orders
• Compensation For Occupational Injuries
• Cession Of Medical Claims
• Mandatory Procedural Requirements
• Court-order-interpretation
• Occupational-injuries-and-diseases

Papendorf and Another v Ice-Breakers 106 (PTY) LTD (M91/17)

Papendorf and Another v Ice-Breakers 106 (PTY) LTD (M91/17) [2017] ZANWHC 116 (2 November 2017)

Court

North West High Court, Mafikeng

Case number

M91/17

Judge

GUTTA

The court held that section 131(2)(b) of the Companies Act imposes a mandatory obligation on applicants to notify each affected person of a business rescue application in the prescribed manner. The applicants failed to demonstrate compliance, as not all creditors and employees were notified, and reliance on publication and supporting affidavits did not satisfy the statutory requirements. The purpose of notification is to enable affected persons to participate in the hearing, and failure to comply prejudices their rights. The point in limine was upheld, and the application was dismissed with c…

Source excerpt

• Business Rescue
• Affected Person Notification
• Companies Act Section 131
• Mandatory Procedural Requirements

Doe Run Exploration SA (Pty) Ltd and Others v Minister of Minerals and Energy and Others (499/07)

Doe Run Exploration SA (Pty) Ltd and Others v Minister of Minerals and Energy and Others (499/07) [2008] ZANCHC 3 (8 February 2008)

Court

Northern Cape High Court, Kimberley

Case number

499/07

Judges

SA Majiedt, CJ Olivier

The court found that the respondents failed to comply with mandatory notification and consultation requirements under section 16(4) and (5) of the Mineral and Petroleum Resources Development Act in processing Samber Trading 103 (Pty) Ltd's applications for prospecting rights over Glencard and Bushy Park. The evidence did not establish that affected parties and landowners were properly notified or consulted, and no substantial compliance could be shown. The applications of both the applicants and Samber were submitted on the same day and should have been evaluated together, with the best appli…

Source excerpt

• Promotion Of Administrative Justice Act
• Prospecting Rights
• Mineral And Petroleum Resources Development Act
• Failure To Consult
• Mandatory Procedural Requirements
• Judicial Review