South Africa Case Law

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872)

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872) [2025] ZAGPJHC 597 (12 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/035872

Judge

Stylianou

The High Court granted judgment for the unpaid loan balance and allowed perfection of security under a special notarial covering bond after rejecting the respondents’ winding-up objections.

• Loan Agreement Breach
• Special Notarial Covering Bond
• Perfection Of Security
• Voluntary Winding Up
• Insolvency Procedure
• Special-notarial-covering-bond

Industrial Development Corporation of South Africa Limited v Bokone Group of Companies (Pty) Ltd (2022-027186)

Industrial Development Corporation of South Africa Limited v Bokone Group of Companies (Pty) Ltd (2022-027186) [2023] ZAGPJHC 837 (24 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-027186

Judge

C A C Korf

The court found that the applicant failed to make full and correct disclosure of material facts in its ex parte urgent application, including the true status of the project, communications regarding loan repayment extensions, and the nature of the respondent's financial position. While these nondisclosures were not material to the applicant's entitlement to perfect its security by attachment in situ (inventorying and marking assets), they were material and relevant to the urgency and justification for orders authorising removal and sale of the respondent's movable assets. The court exercised…

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• General Notarial Bond
• Perfection Of Security
• Ex Parte Applications
• Duty Of Full Disclosure
• Urgent Interdict
• Specific Performance

CNA Operations (Pty) Ltd and Others v Anglowealth Sharia (Pty) Ltd and Others (48357 / 2021)

CNA Operations (Pty) Ltd and Others v Anglowealth Sharia (Pty) Ltd and Others (48357 / 2021) [2021] ZAGPJHC 767 (2 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

48357 / 2021

Judge

N Manoim

The High Court refused leave to appeal against a rescission order and dismissed a section 18 suspension application, holding the order was not appealable and no irreparable harm was shown.

• Leave To Appeal
• Business Rescue
• Rescission Of Judgment
• Perfection Of Security
• Affected Persons
• Interlocutory Orders

Standard Bank of South Africa Limited v C and E Engineering (Pty) Ltd and Others; Standard Bank of South Africa Limited v C and E Engineering (Pty) Ltd (18085/20; 16611/20)

Standard Bank of South Africa Limited v C and E Engineering (Pty) Ltd and Others; Standard Bank of South Africa Limited v C and E Engineering (Pty) Ltd (18085/20; 16611/20) [2020] ZAGPJHC 255 (14 August 2020)

Court

South Gauteng High Court, Johannesburg

Case number

18085/20; 16611/20

Judge

Keightley

The court found that the business rescue resolution was procedurally defective due to failure to notify affected parties within the statutory period and that there were no reasonable prospects of rescuing the company, given its financial distress, lack of post-commencement finance, and the conduct of the directors. The directors acted in bad faith, adopting the resolution to frustrate Standard Bank's rights as a secured creditor. It was just and equitable to set aside the resolution and terminate business rescue proceedings. The perfection order, although obtained without compliance with sect…

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• Business Rescue
• Provisional Liquidation
• Perfection Of Security
• Creditor Rights
• Procedural Compliance
• Bona Fide Resolution

Duro Pressings (Pty) Ltd (In Liquidation) and Others v Mercantile Bank Limited (11588/2015)

Duro Pressings (Pty) Ltd (In Liquidation) and Others v Mercantile Bank Limited (11588/2015) [2016] ZAGPJHC 147 (21 April 2016)

Court

South Gauteng High Court, Johannesburg

Case number

11588/2015

Judge

Keightley

The court held that post-liquidation receipts paid into the bank account were proceeds of pre-liquidation sales and not part of the insolvent estate.

• Banker Customer Relationship
• Concursus Creditorum
• Perfection Of Security
• Sale Of Secured Assets
• Liquidator Costs
• De Bonis Propriis Orders

Merchant West Working Capital Solutions (Pty) LTD v Advanced Technologies and Engineering Company (Pty) Ltd and Another (13/12406)

Merchant West Working Capital Solutions (Pty) LTD v Advanced Technologies and Engineering Company (Pty) Ltd and Another (13/12406) [2013] ZAGPJHC 109 (10 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

13/12406

Judge

N F Kgomo

The High Court held that an urgent application to perfect security over a helicopter was barred by the Companies Act business rescue moratorium.

• Business Rescue
• Companies Act 71 Of 2008
• Moratorium On Legal Proceedings
• Perfection Of Security
• Locus Standi
• Urgent Interdict

ABSA Bank Bpk v Van Niekerk NO and Others (596/2012)

ABSA Bank Bpk v Van Niekerk NO and Others (596/2012) [2012] ZAFSHC 46 (22 March 2012)

Court

Free State High Court, Bloemfontein

Case number

596/2012

Judge

J.Y. Claasen

The court confirmed ABSA’s interim order to perfect security under general notarial bonds, holding the National Credit Act did not bar the application.

• General Notarial Bond
• Perfection Of Security
• Secured Loans
• Urgent Interdict
• Joinder Of Parties
• General-notarial-bond

Contract Forwarding (Pty) Ltd v Chesterfin (Pty) Ltd and Others (17/2002)

Contract Forwarding (Pty) Ltd v Chesterfin (Pty) Ltd and Others (17/2002) [2002] ZASCA 143; [2003] 1 All SA 267 (SCA); 2003 (2) SA 253 (SCA) (27 November 2002)

Court

Supreme Court of Appeal

Case number

17/02

Judges

Harms, Schutz, Scott, Brand, Heher

The Supreme Court of Appeal held that the intervening liquidation of Eurotile did not prevent confirmation of the rule nisi, as Contract Forwarding perfected its general notarial bond by lawfully taking possession of the movables before the concursus creditorum. The perfection of the bond conferred a real right of security, and symbolic possession, such as the handing over of keys and effective control over the premises, was sufficient to constitute a pledge. The court rejected the argument that earlier bondholders had precedence absent actual possession and found no basis for the exercise of…

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• General Notarial Bond
• Perfection Of Security
• Concursus Creditorum
• Interim Orders
• Liquidation
• Priority Of Creditors

Development Bank of Southern Africa Ltd. v Van Rensburg NO and Others (490/2000)

Development Bank of Southern Africa Ltd. v Van Rensburg NO and Others (490/2000) [2002] ZASCA 39; [2002] 3 All SA 669 (SCA); 2002 (5) SA 425 (SCA) (14 May 2002)

Court

Supreme Court of Appeal

Case number

490/2000

Judges

Nienaber, Streicher, Navsa

The majority held that the appellant, having obtained possession of Serious Mills' movable property before the commencement of winding-up, acquired the status of a secured creditor as if a pledgee. The interim order authorising possession was properly granted and should have been confirmed to the extent that possession was obtained prior to liquidation. The court found that the phrase 'at the time' in section 348 of the Companies Act refers to a specific point in time, not merely the date, and that the attachment occurred before the winding-up commenced. The cession in securitatem debiti enti…

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• Cession In Securitatem Debiti
• General Notarial Bond
• Perfection Of Security
• Winding Up Proceedings
• Secured Creditor Status
• Attachment Prior To Liquidation

FirstRand Bank Bpk v Burger, Burger v Burger (517/2001, 528/2001)

FirstRand Bank Bpk v Burger, Burger v Burger (517/2001, 528/2001) [2001] ZANCHC 13 (8 June 2001)

Court

Northern Cape High Court, Kimberley

Case number

517/2001, 528/2001

Judge

Majiedt

The court found that the general notarial bond relied upon by the bank did not contain an express provision entitling the bank to take possession of the respondent's movable assets. The wording of the bond was identical to that considered in Schulenberg, which was held not to confer such a right. The court rejected the applicant's argument that possession was implied, confirming that the absence of an express clause is decisive. Consequently, the perfection application was dismissed. Regarding the sequestration application, the court found that the formal requirements of the Insolvency Act ha…

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• General Notarial Bond
• Perfection Of Security
• Provisional Sequestration
• Insolvent Estate
• Interpretation Of Bond Clause