South Africa Case Law

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

Corvine Investments CC v Advtech (PTY) Ltd t/a Property Division (2145/2020)

Corvine Investments CC v Advtech (PTY) Ltd t/a Property Division (2145/2020) [2022] ZAGPJHC 617 (17 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2145/2020

Judge

C Todd

The court held that the subsidiary, not Advtech Limited, was the contracting party and dismissed the claims with costs; veil piercing was refused.

• Misjoinder
• Nonjoinder
• Piercing Corporate Veil
• Contractual Liability
• Group Company Liability
• Piercing-corporate-veil