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South Africa decisions
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Tibane and Others v Mhlongo and Others (Leave to Appeal) (1870/2023) [2025] ZAMPMBHC 65 (28 July 2025)
The High Court refused leave to appeal against the appointment of an administrator for a dysfunctional trust, holding the order was interim and not appealable.
Van Niekerk (Jnr) and Another v Van Niekerk and Others (739/2020) [2023] ZANCHC 40 (17 March 2023)
The court upheld an appeal against an order appointing a co-executor, holding that the application to remove the executor should have been dismissed.
Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others (857/2017) [2018] ZASCA 95; 2018 (4) SA 439 (SCA) (1 June 2018)
The Supreme Court of Appeal held that the Master of the High Court failed to exercise independent judgment when issuing subpoenas at the request of the liquidator. The Master acted as a mere rubber stamp, without proper motivation or consideration of the statutory requirements under the Companies Act and Insolvency Act. The court emphasized that the power to issue subpoenas is a serious intrusion on individual rights and must be exercised circumspectly and only within the bounds of statutory authority. As the Master did not bring an independent mind to bear and the statutory prerequisites wer…
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Van Tonder v Master of the High Court, Pretoria and Others (4766/16) [2016] ZAGPPHC 856 (17 September 2016)
The court held that the Master lacked power to appoint liquidators and direct an inquiry into a co-operative wound up under the Co-operatives Act 2005.
Patel v Master of the High Court, Western Cape Division, Cape Town and Others (7163/14, 21236/2014) [2015] ZAWCHC 63 (15 May 2015)
The court reviewed and set aside the Master’s decision to convene a section 417 and 418 enquiry to interrogate a liquidator about liquidation administration.
Mncube and Others v Januarie N.O and Others (06069/2015) [2015] ZAGPJHC 95 (26 February 2015)
The High Court found the Master was not in breach of the earlier order, but amended it to allow creditors’ claims, a meeting, and consideration of offers for CIDA.
Standard Bank of South Africa Ltd v Master of the High Court and Others (112/97) [1998] ZASCA 108; ; [1999] 1 All SA 299 (A) (27 November 1998)
The Supreme Court of Appeal held that section 415(1) of the Companies Act does not impose a time constraint on the Master's power to conduct an enquiry at meetings of creditors. The phrase 'a company which is being wound up and is unable to pay its debts' serves to identify the type of company subject to the section, not to prescribe when the enquiry must occur. The winding-up process is not complete upon the distribution of assets by the liquidator, as further assets may be discovered and supplementary accounts lodged. Formal completion only occurs when the Master issues a certificate under…
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