South Africa Case Law

Kosmosdal Extension 61 and Extension 62 Home-Owners Association NPC v Njokweni and Others (112164/2024)

Kosmosdal Extension 61 and Extension 62 Home-Owners Association NPC v Njokweni and Others (112164/2024) [2025] ZAGPPHC 403 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

112164/2024

Judge

J.F. Grobler

The High Court confirmed an interim interdict and dismissed a counterclaim after finding a homeowners’ meeting invalid for non-compliance with the HOA’s MOI.

• Memorandum Of Incorporation
• Validity Of Meeting
• Appointment And Removal Of Directors
• Interim Interdict
• Trust Funds
• Costs Award

Association for Advancement of Black Account of South Africa NPC v Gidini and Others (2023/117011)

Association for Advancement of Black Account of South Africa NPC v Gidini and Others (2023/117011) [2025] ZAGPJHC 649 (25 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/117011

Judge

Dippenaar

The High Court held the interdictory relief moot because the respondents’ terms as directors had ended, and postponed the declaratory relief sine die.

• Company Directorship
• Removal Of Directors
• Declaratory Relief
• Interdict
• Mootness
• Memorandum Of Incorporation

Moreira v Zimbali Estate Management Association (RF) NPC and Others (D7924/24)

Moreira v Zimbali Estate Management Association (RF) NPC and Others (D7924/24) [2025] ZAKZDHC 10 (13 March 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7924/24

Judge

Nqala

The High Court held that the estate’s MOI arbitration provisions were not vague, the court would not decide the timing dispute, and the application was dismissed with costs.

• Memorandum Of Incorporation
• Arbitration Clause
• Contractual Vagueness
• Jurisdiction
• Costs Award
• Arbitration-clause

Ackerman v Kalon Venture Partners Limited (2022/050857)

Ackerman v Kalon Venture Partners Limited (2022/050857) [2025] ZAGPJHC 267 (13 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/050857

Judge

Dlamini

The High Court dismissed an application to place a company into provisional liquidation on just and equitable grounds, finding the case unsupported and self-serving.

• Just And Equitable Winding Up
• Shareholder Remedies
• Directors Fiduciary Duties
• Memorandum Of Incorporation
• Costs Award
• Just-and-equitable-winding-up

Shikwane and Others v Woodhill Home Owners Association and Others (7428/2024)

Shikwane and Others v Woodhill Home Owners Association and Others (7428/2024) [2025] ZALMPPHC 19 (12 February 2025)

Court

Limpopo High Court, Polokwane

Case number

7428/2024

Judge

Makoti

The court found that the applicants, except for the sixth applicant whose property is owned by a trust, have sufficiently established locus standi as members or owners within the estate, directly affected by the HOA's actions. The respondents' challenge to locus standi was opportunistic and contradicted by their own correspondence identifying applicants as owners. The court held that the HOA and its directors are the appropriate parties to cite in litigation challenging the MOI or its provisions, and that it is unnecessary to join all individual homeowners. The application does not affect ind…

Source excerpt

• Locus Standi
• Non Joinder
• Memorandum Of Incorporation
• Home Owners Association Governance
• Penalty Fines
• Constitutional Invalidity

Mtshali v Harbour Town Homeowners Association (A2024-034881)

Mtshali v Harbour Town Homeowners Association (A2024-034881) [2025] ZAGPJHC 84 (21 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024-034881

Judges

Liebenberg, Nty Siwendu

The High Court upheld summary judgment for an HOA over arrear levies, rejecting prescription, membership, excipiability, and counterclaim defences.

• Summary Judgment
• Homeowners Association Liability
• Prescription Act
• Membership Of Non Profit Company
• Counterclaim
• Memorandum Of Incorporation

Golden v Quantum Foods Holdings Limited and Others (14827/2024)

Golden v Quantum Foods Holdings Limited and Others (14827/2024) [2024] ZAWCHC 364 (7 November 2024)

Court

Western Cape High Court, Cape Town

Case number

14827/2024

Judge

Davis AJ

The court held that clause 29.3.2.1 of the first respondent's Memorandum of Incorporation, which allowed for the removal of a director by majority of the board without notice, reasons, or an opportunity to make representations, is contrary to public policy and invalid. The Companies Act, particularly sections 71(3) and (4), requires procedural safeguards for the removal of directors, including notice and a reasonable opportunity to respond. The procedure adopted by the respondents breached principles of natural justice and failed to meet constitutional standards of fairness, reasonableness, a…

Source excerpt

• Removal Of Directors
• Memorandum Of Incorporation
• Public Policy
• Oppressive Conduct
• Natural Justice
• Companies Act Section 163

Ramela v Ndzunzu and Others (126/2022)

Ramela v Ndzunzu and Others (126/2022) [2024] ZAECELLC 45 (30 October 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

126/2022

Judge

Pienaar

The court found that the 1st respondent's continued occupation as director of Border Cricket NPC was in clear contravention of the company's memorandum of incorporation, which limits directorship to nine consecutive years and requires a two-year cooling-off period before reappointment. The evidence showed that the 1st respondent had served for eleven years without interruption. The respondents' argument that the Companies Act sections 71 and 162 exclusively govern removal was rejected; the court held that the memorandum of incorporation and the Act must be read together, and section 66(4)(i)…

Source excerpt

• Memorandum Of Incorporation
• Removal Of Director
• Urgent Interdict
• Locus Standi
• Nonjoinder

Strarfield-Ward and Others v Suluhisho Africa Proprietary Limited and Others (2024/104051)

Strarfield-Ward and Others v Suluhisho Africa Proprietary Limited and Others (2024/104051) [2024] ZAGPJHC 989 (3 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/104051

Judge

Matjele

High Court urgent application granted an interim interdict restraining a shareholders’ meeting and forced sale, and ordered arbitration under the JVA.

• Urgent Interdict
• Shareholder Dispute
• Memorandum Of Incorporation
• Arbitration Clause
• Director Removal
• Company Dissolution

Engel N.O. and Others v Tax Faculty NPC and Others (037648/23)

Engel N.O. and Others v Tax Faculty NPC and Others (037648/23) [2024] ZAGPPHC 940 (20 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

037648/23

Judge

Kooverjie

The court found that the application for security for costs was not fatally delayed, as both parties contributed to the procedural timeline and neither objected to the delay. The Trust conceded its inability to pay adverse costs, but this alone was insufficient to justify security; the court had to be satisfied that the main application was vexatious, reckless, or abusive. Upon considering the nature of the claim, the Trust's financial position, and the statutory requirements for public benefit organisations, the court concluded that the Trust's prospects of success in the main application we…

Source excerpt

• Security For Costs
• Rule 47 Application
• Memorandum Of Incorporation
• Public Benefit Organisation
• Company Control
• Shareholder Rights