South Africa Case Law

City of Johannesburg v Even Grand 6 CC (09/08)

City of Johannesburg v Even Grand 6 CC (09/08) [2008] ZASCA 146; 2009 (2) SA 111 (SCA) ; [2009] 2 All SA 24 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

9/08

Judges

Streicher, Brand, Lewis, Maya, Boruchowitz

The Supreme Court of Appeal held that a municipality need not issue a clearance certificate unless municipal debts for the relevant period are fully paid.

• Municipal Clearance Certificates
• Administration Of Deceased Estates
• Interpretation Of Statutes
• Preferential Creditor Rights
• Municipal-clearance-certificates
• Administration-of-deceased-estates

Firstrand Bank Limited v Master of the High Court and Others (30661/2005)

Firstrand Bank Limited v Master of the High Court and Others (30661/2005) [2006] ZAGPHC 163 (4 April 2006)

Court

High Courts - Gauteng

Case number

30661/2005

Judge

Pretorius

The court found that although the Land and Agricultural Development Bank Act, 2002 is applicable to the matter, the Second Respondent failed to comply with the procedural requirements of section 33(3)(b), specifically the need to obtain a court order to establish a statutory preference. Advances made prior to the commencement of the 2002 Act remain valid, but the statutory preference can only be obtained by following the procedures set out in the current Act. The Master of the High Court erred in upholding the objection of the Second Respondent, as the necessary court order was not obtained.…

Source excerpt

• Liquidation And Distribution Account
• Preferential Creditor Rights
• Statutory Pledge
• Insolvency Act Interpretation
• Land Bank Act Transition