South Africa Case Law

Jabula Bleggings (Pty) Ltd and Others v Van Der Nist and Others (2025/108623)

Jabula Bleggings (Pty) Ltd and Others v Van Der Nist and Others (2025/108623) [2025] ZAKZPHC 69 (30 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2025/108623

Judge

PC Bezuidenhout

The court found that the Applicants failed to establish urgency beyond self-created circumstances and did not satisfy the requirements for a Mareva injunction. There was no evidence that Respondents intended to dissipate assets or frustrate any claim. The property remained registered in the names of First and Second Respondents, and any claims for breach of contract or damages could be resolved in the pending action. The application was substantially similar to previous proceedings dismissed on the merits, rendering the matter res judicata. The resignation of First Respondent as director of F…

Source excerpt

• Interim Interdict
• Mareva Injunction
• Buy Back Clause
• Urgent Application
• Contractual Dispute

Commissioner for The South African Revenue Services v Moloto and Others (63778/2021)

Commissioner for The South African Revenue Services v Moloto and Others (63778/2021) [2022] ZAGPPHC 832; [2023] 1 All SA 607 (GP); 85 SATC 470; (2 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

63778/2021

Judge

Moshoana

The High Court confirmed a provisional anti-dissipation order for SARS, finding that assets were moved to defeat a bona fide customs claim.

• Anti Dissipation Interdict
• Mareva Injunction
• Customs Liability
• Piercing Corporate Veil
• Preservation Of Assets
• Anti-dissipation-interdict

Tait NO and Another v Wescom Business Ventures (Pty) Ltd and Others, Tait NO and Others v Van Niekerk and Others (29833/2016, 2495/2016)

Tait NO and Another v Wescom Business Ventures (Pty) Ltd and Others, Tait NO and Others v Van Niekerk and Others (29833/2016, 2495/2016) [2018] ZAGPPHC 575 (29 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

29833/2016, 2495/2016

Judge

A A Crutchfield

Leave to appeal was dismissed. The court found no reasonable prospects on issues of service, winding-up, deadlock, or costs.

• Leave To Appeal
• Mareva Injunction
• Shareholders Meeting Notice
• Winding Up Application
• Deadlock In Company
• Costs Award

Poolman v Cordier and Others (2452/2016)

Poolman v Cordier and Others (2452/2016) [2017] ZANCHC 49 (10 March 2017)

Court

Northern Cape High Court, Kimberley

Case number

2452/2016

Judge

Erasmus

The court found that the applicant had established a prima facie right to the proceeds of the cattle sale pending resolution of the underlying contractual dispute. The evidence supported the existence of the 3 November 2016 agreement requiring the proceeds to be paid into the applicant's attorney's trust account. The applicant demonstrated a reasonable apprehension of irreparable harm if the funds were not preserved, and the balance of convenience favoured granting the interim interdict. The applicant had no adequate alternative remedy, and the relief sought was not final in nature nor a Mare…

Source excerpt

• Interim Interdict
• Mareva Injunction
• Contractual Dispute
• Ownership Of Goods
• Preservation Of Funds

Kaymar Logistics CC and Another v Pretorius (1303/2015)

Kaymar Logistics CC and Another v Pretorius (1303/2015) [2015] ZAECPEHC 61 (29 October 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1303/2015

Judge

Revelas

The High Court held the respondent’s conduct justified urgent anti-dissipatory relief and ordered her to pay costs after the matter settled.

• Anti Dissipatory Relief
• Anton Piller Order
• Mareva Injunction
• Close Corporation Member Removal
• Costs Award
• Anti-dissipatory-relief

Kruger N.O and Others v Lamprecht (52120/2010, 61907/2009)

Kruger N.O and Others v Lamprecht (52120/2010, 61907/2009) [2012] ZAGPPHC 53 (29 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

52120/2010, 61907/2009

Judge

P C Van Der Byl

The court confirmed a provisional sequestration order and made a Mareva injunction final after finding the respondent liable on a Blue Dot loan account and factually insolvent.

• Sequestration
• Mareva Injunction
• Director Liability
• Illegal Syndication Scheme
• Loan Account
• Statutory Compliance

Cloete NO and Others v Basson and Others (61907/09)

Cloete NO and Others v Basson and Others (61907/09) [2010] ZAGPJHC 87 (4 October 2010)

Court

South Gauteng High Court, Johannesburg

Case number

61907/09

Judge

Goodey AJ

High Court reconsidered an ex parte urgent order and amended it to soften asset restraints, allowing reasonable living, legal, and business expenses.

• Rule 6 12 C Reconsideration
• Mareva Injunction
• Audi Alteram Partem
• Harmful Business Practices
• Banking Regulation
• Rule-6-12-c-reconsideration

Standard Bank van Suid-Afrika (Bpk) v Freitas en Ander (6341/2008)

Standard Bank van Suid-Afrika (Bpk) v Freitas en Ander (6341/2008) [2009] ZAFSHC 107 (26 October 2009)

Court

Free State High Court, Bloemfontein

Case number

6341/2008

Judge

C. Van Zyl, R

The High Court discharged a rule nisi seeking a Mareva-type interdict over sale proceeds, finding no proof that the respondent intended to defeat creditors.

• Mareva Injunction
• Interim Interdict
• Suretyship
• Urgent Application Procedure
• Jurisdiction
• Costs Order

Metlika Trading Ltd and Others v Commissioner for the South African Revenue Service (427/03, 438/03)

Metlika Trading Ltd and Others v Commissioner for the South African Revenue Service (427/03, 438/03) [2004] ZASCA 97; [2004] 4 All SA 410 (SCA); 2005 (3) SA 1 (SCA); 67 SATC 15 (1 October 2004)

Court

Supreme Court of Appeal

Case number

427/03, 438/03

Judges

Streicher, Cameron, Conradie, Patel, Ponnan

The Supreme Court of Appeal held that an interim interdict and attachment order were appealable and that a court could order in personam compliance to return an aircraft from abroad.

• Interim Interdict
• Attachment Ad Confirmandam Jurisdictionem
• Mareva Injunction
• Jurisdiction Over Foreign Assets
• Tax Debt Preservation
• In Personam Orders