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South Africa decisions
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Mason N O v Mason and Another (1286/2023) [2025] ZASCA 44 (14 April 2025)
The Supreme Court of Appeal held that the executrix failed to prove constructive knowledge of misappropriation. The debt was not prescribed and the appeal failed.
South African Legal Practice Council v Rencken (Reasons) (24020/2024) [2025] ZAWCHC 71 (14 February 2025)
The High Court refused to suspend an attorney pending discipline, finding no prima facie case of intentional misappropriation and no immediate public-risk basis.
Cellucity (Proprietary) Limited v Phillpson-Garcia and Others (17191/24) [2024] ZAWCHC 346; 2025 (3) SA 170 (WCC) (4 November 2024)
The applicant established, on uncontested evidence, that the First Respondent misappropriated R10,184,455.95 by falsifying invoices and diverting funds into an account she controlled. The First Respondent acquired multiple immovable properties with the proceeds, and did not deny the allegations or provide any legitimate explanation for the source of her wealth. The court found a clear connection between the stolen funds and the identified properties, rendering the claim quasi-vindicatory. Accordingly, the applicant was entitled to repayment and anti-dissipation interdicts over the First Respo…
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Mabhaso v Astron Energy (Pty) Ltd and Others (C594/2023) [2024] ZALCCT 41 (20 September 2024)
Condonation for a late labour review was refused after a three-year delay. The court found the applicant lacked a proper explanation and had no prospects of success.
K.N v N.Z and Another (2019/33708) [2024] ZAGPJHC 440 (10 May 2024)
The court held that R430 000 given to the defendants was not a gift, but money meant to buy property in the plaintiff’s name. The special plea of prescription failed.
South African Legal Practice Council v Du Toit [2023] ZAFSHC 155 (2 May 2023)
The High Court issued a rule nisi suspending an attorney pending disciplinary proceedings after allegations of fraud involving deceased estates and poor trust-account control.
Rooyen N.O and Another v Nkwinika and Another [2023] ZAGPPHC 217; 18665/2021 (20 March 2023)
High Court granted final sequestration against both respondents after finding a proved liquidated claim, insolvency, and likely creditor benefit.
Boutina (Pty) Ltd v MEC for the Provincial Department of Human Settlements (Mpumalanga) and Another (4028/2021) [2022] ZAMPMBHC 76 (13 October 2022)
The court held that payment to the appointed conveyancer did not discharge the department’s obligation, where the funds were misappropriated before reaching Boutina.
Shabangu N.O. and others v Malumane N.O. and Others (1980/2020) [2021] ZAMPMBHC 46 (4 October 2021)
The High Court removed ten trustees of the Mbayane Community Trust for breach of fiduciary duties and ordered the trust deed amended to bar their re-election.
Turner and Townsend (Pty) Limited v Job (JS138/20) [2021] ZALCJHB 167 (22 June 2021)
The Labour Court upheld an exception on the first claim, finding the respondent disclosed no defence to the admitted debt, but left the second claim to be proved.
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