South Africa Case Law

Bye v Constantia Metering Services (Pty) Ltd and Others (31250/2022)

Bye v Constantia Metering Services (Pty) Ltd and Others (31250/2022) [2025] ZAGPPHC 114 (6 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

31250/2022

Judge

E van der Schyff

The court found that the applicant failed to establish any objective acts or omissions by the respondents that resulted in oppression, unfair prejudice, or unfair disregard of his interests under section 163 of the Companies Act. The applicant's subjective expectations regarding succession and participation in company affairs were unsupported by the memorandum of incorporation and the evidence. The existence of two sets of financial statements was adequately explained by the respondents as a response to differing requirements from banks and SARS, and no evidence of dishonesty, unlawful conduc…

Source excerpt

• Oppression Of Minority Shareholder
• Section 163 Companies Act
• Shareholder Remedies
• Financial Statement Irregularities

Harilal v Rajman and Others (1633/2016)

Harilal v Rajman and Others (1633/2016) [2017] ZAKZDHC 3; [2017] 2 All SA 188 (KZD) (11 January 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

1633/2016

Judge

Nxusani

Shareholder-oppression application dismissed for lack of proof, disputed facts, and failure to establish repudiation or just-and-equitable relief.

• Oppression Of Minority Shareholder
• Section 163 Companies Act
• Shareholders Agreement
• Winding Up On Just And Equitable Grounds
• Disputes Of Fact In Motion Proceedings
• Section-163-companies-act

Du Buys v Starling Ranch (Pty) Ltd and Others (39230/2014)

Du Buys v Starling Ranch (Pty) Ltd and Others (39230/2014) [2014] ZAGPPHC 1019 (24 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

39230/2014

Judge

N V Khumalo

A shareholder sought provisional winding up of a family company over a breakdown in trust, exclusion from management, and alleged misuse of farm income.

• Just And Equitable Winding Up
• Shareholder Deadlock
• Fiduciary Duties
• Oppression Of Minority Shareholder
• Domestic Company As Partnership
• Just-and-equitable-winding-up

Kudumane Investment Holding Ltd v Northern Cape Manganese Company (Pty) Ltd and Others (34403/2011)

Kudumane Investment Holding Ltd v Northern Cape Manganese Company (Pty) Ltd and Others (34403/2011) [2012] ZAGPJHC 116; [2012] 4 All SA 203 (GSJ) (11 June 2012)

Court

South Gauteng High Court, Johannesburg

Case number

34403/2011

Judge

Satchwell

The court granted temporary section 163 relief after finding that shareholder-director disputes in the majority shareholder paralyzed the joint venture company.

• Oppression Of Minority Shareholder
• Section 163 Companies Act
• Shareholder Disputes
• Board Composition
• Temporary Relief
• Prospecting Rights