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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 735

Phumo and Another v National Director of Public Prosecutions (2024/110053)

Phumo and Another v National Director of Public Prosecutions (2024/110053) [2025] ZAGPPHC 735 (21 July 2025)

The court declined to set aside a preservation order, finding service complaints unpersuasive and directing service on the remaining affected respondents.

  • Preservation Order
  • Multiplication Scheme
  • Pyramid Scheme
  • Unlicensed Banking
  • Service Of Process
  • Urgent Motion
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Criminal Law [2024] ZAKZDHC 65

Gadiah and Another v National Director of Public Prosecutions (8752/22D)

Gadiah and Another v National Director of Public Prosecutions (8752/22D) [2024] ZAKZDHC 65; 2025 (1) SACR 81 (KZD) (23 September 2024)

The applicants participated in an unlawful multiplication scheme operated by Manci, promising returns far exceeding lawful interest rates. Their invested funds were used as instrumentality of the offence. Although the applicants claim to be victims and deny knowledge of illegality, the extraordinary returns and their conduct raise a clear factual dispute regarding their knowledge. Motion proceedings are ill-suited to resolve such disputes, and neither party sought referral to oral evidence. On the common cause facts, the applicants have not established grounds for variation of the forfeiture…

  • Forfeiture Of Property
  • Ponzi Scheme
  • Multiplication Scheme
  • Prevention Of Organised Crime Act
  • Consumer Protection Act
  • Arbitrary Deprivation Of Property
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Civil Procedure [2010] ZAGPPHC 88

Van Rensburg NO and Others v Botha (18146/2005)

Van Rensburg NO and Others v Botha (18146/2005) [2010] ZAGPPHC 88 (30 July 2010)

The Plaintiffs failed to prove the jurisdictional facts required by Section 29 of the Insolvency Act. There was no evidence that the entities for which the Plaintiffs acted were legal persons capable of insolvency or that they owned the cash disposed of. All payments were made and controlled by Mrs Prinsloo personally, and there was no proof that the Defendant was a creditor of any of the entities. The consolidation order did not create a legal entity nor bind the Defendant, who was not a party to it. The Plaintiffs did not establish that any disposition occurred from an insolvent estate to t…

  • Insolvency Act Section 29
  • Multiplication Scheme
  • Unlawful Business Practices
  • Preferential Payment
  • Corporate Persona
  • Jurisdictional Facts
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Civil Procedure [2007] ZAGPHC 53

Janse van Rensburg NO and Others v Myburgh and Others (14428/05 , 18764/05 , 14010/05)

Janse van Rensburg NO and Others v Myburgh and Others (14428/05 , 18764/05 , 14010/05) [2007] ZAGPHC 53 (3 May 2007)

High Court held that liquidators were barred by res judicata from bringing fresh section 29 Insolvency Act claims after the prior Krion Scheme judgment.

  • Insolvency Act Section 26
  • Insolvency Act Section 29
  • Res Judicata
  • Issue Estoppel
  • Multiplication Scheme
  • Voidable Preference
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.