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South Africa decisions
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Reformed Methodist Church in South Africa v Yende and Another (8810/2020) [2021] ZAGPJHC 481 (1 October 2021)
The court held that disputed church funds belonged to the applicant and made no costs order, finding that costs would worsen tensions within the congregation.
Echo Petroleum v Sky Petroleum and Another (45809/08) [2010] ZAGPPHC 232 (10 December 2010)
The court granted condonation for a supplementary founding affidavit and postponed the urgent banking dispute sine die, with costs reserved.
Muller NNO v Community Medical Aid Scheme (09/549) [2010] ZAGPJHC 31 (30 April 2010)
The court held that the payments made by HMS members for September 2008 were not property of HMS but were received as a custodian on behalf of the respondent, who had undertaken HMS' obligations for that month. The funds were earmarked for the respondent and did not become HMS' property by commixtio. The principles of impeachable transactions under the Companies Act do not apply where the property in question never belonged to the insolvent company. The court relied on the Nissan case to conclude that ownership of funds does not pass where the recipient knows the funds are not due, and HMS ac…
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Van der Merwe and Another v Nel NO and Others (A481/05) [2006] ZAWCHC 6; [2006] 4 All SA 96 (C); 2006 (2) SACR 487 (C) (24 February 2006)
The court held that the seizure of the foreign currency from the first appellant was lawful, whether effected under Regulation 3(3) of the Exchange Control Regulations or section 20 of the Criminal Procedure Act. The court rejected the respondents' argument that forfeiture to the National Revenue Fund was automatic upon seizure, finding instead that the Treasury must exercise a discretion before forfeiture is finalized. However, the court found that the first appellant failed to establish ownership of the seized currency, as his own affidavit indicated that the funds belonged to other members…
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