South Africa Case Law

Venter N.O and Others v Master of The High Court, Pretoria and Others (27131-2022)

Venter N.O and Others v Master of The High Court, Pretoria and Others (27131-2022) [2022] ZAGPPHC 578 (8 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

27131/2022

Judge

Millar

The High Court held that the Master could appoint additional co-liquidators despite no extant policy, so long as the discretion complied with section 15(1A). The application was dismissed with punitive costs.

• Appointment Of Liquidators
• Ministerial Policy
• Exercise Of Discretion
• Urgency
• Costs Order
• Liquidator-appointment

Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others (693/15)

Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others (693/15) [2016] ZASCA 196; [2017] 1 All SA 331 (SCA); 2017 (3) SA 95 (SCA) (2 December 2016)

Court

Supreme Court of Appeal

Case number

693/15

Judges

Mpati, Wallis, Swain, Mathopo, Van der Merwe

The Supreme Court of Appeal held that the Minister's policy for appointing insolvency practitioners was unconstitutional, irrational, and unlawful. The policy imposed a rigid quota system based on race and gender, lacking flexibility and failing to consider the skills, experience, and suitability of practitioners. It excluded the interests and wishes of creditors and employees, which are central to insolvency proceedings. The policy was not rationally connected to its stated objectives, as it was formulated without proper demographic data or justification for the 4:3:2:1 ratio. The Minister a…

Source excerpt

• Affirmative Action
• Equality Clause
• Ministerial Policy
• Appointment Of Trustees
• Ultra Vires
• Irrationality