South Africa Case Law

Majiedt NO and Another v Mangaung Metropolitan Municipality and Others (6418/2024)

Majiedt NO and Another v Mangaung Metropolitan Municipality and Others (6418/2024) [2025] ZAFSHC 219 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

6418/2024

Judge

Daniso

The court found that the municipality unlawfully included arrears older than two years in the clearance figures, contrary to section 118(1)(b) of the Municipal Systems Act. The municipality failed to provide a transparent, itemised breakdown of the amounts due and included charges from a different account number without explanation. The court held that only debts accrued in the two years preceding the application may be demanded for clearance purposes, and that the municipality must provide full particulars limited to this period. The municipality's counter-application for payment of outstand…

Source excerpt

• Municipal Clearance Certificate
• Liquidation Procedure
• Rates And Taxes
• Creditors Meeting
• Section 118 Municipal Systems Act
• Proof Of Claim

Standard Bank of South Africa Limited v Symes and Another (6037/2023)

Standard Bank of South Africa Limited v Symes and Another (6037/2023) [2025] ZAFSHC 78 (28 February 2025)

Court

Free State High Court, Bloemfontein

Case number

6037/2023

Judge

Naidoo

The High Court held that the bank had cancelled the finance agreements before liquidation, retained ownership of the excavators, and was entitled to sale and rental proceeds.

• Ownership Of Assets
• Instalment Sale Agreements
• Liquidation Proceedings
• Proof Of Claim
• Waiver Of Rights
• Ownership-of-assets

Van Zyl N.O and Others v Master of the High Court of South Africa, Western Cape Division, Cape Town and Another (7892/2015)

Van Zyl N.O and Others v Master of the High Court of South Africa, Western Cape Division, Cape Town and Another (7892/2015) [2016] ZAWCHC 51 (11 May 2016)

Court

Western Cape High Court, Cape Town

Case number

7892/2015

Judge

Riley

The High Court reviewed a Master's refusal to expunge a creditor's claim in liquidation, reduced the claim to R5,610.18, and ordered costs against the creditor.

• Insolvency Act Section 151
• Expungement Of Claims
• Liquidation Procedure
• Proof Of Claim
• Prescription Of Claims
• Interpretation Of Contracts

African National Congress v Steenkamp N.O and Others (12036/2013)

African National Congress v Steenkamp N.O and Others (12036/2013) [2014] ZAWCHC 80 (30 May 2014)

Court

Western Cape High Court, Cape Town

Case number

12036/2013

Judge

J Cloete

The High Court dismissed an application to expunge a proven insolvency claim, holding the applicant lacked locus standi and the claim complied with section 44(4).

• Proof Of Claim
• Locus Standi
• Expungement Of Claim
• Insolvency Act Section 44
• Dispositions Without Value
• Insolvency-law

Gani Osman Building Supplies v Brits and Others (A1063/10)

Gani Osman Building Supplies v Brits and Others (A1063/10) [2012] ZAGPPHC 83 (12 April 2012)

Court

North Gauteng High Court, Pretoria

Case number

A1063/10

Judges

R G Tolmay, V V Tlhapi

Appeal over payment for building materials and a counter-claim for damages from non-compliant timber. The High Court dismissed the appeal with costs.

• Sale Of Goods
• Proof Of Claim
• Counter Claim
• Damages
• Contractual Dispute
• Civil-appeal

Barlows Tractor Company (Pty) Ltd. v Townsend (727/93)

Barlows Tractor Company (Pty) Ltd. v Townsend (727/93) [1996] ZASCA 3; 1996 (2) SA 869 (SCA); [1996] 2 All SA 105 (A); (23 February 1996)

Court

Supreme Court of Appeal

Case number

727/93

Judges

Nestadt, Joubert, Van Coller, Harms, F H Grosskopf

The Supreme Court of Appeal held that Barlows's withdrawal of its claim from proof did not amount to abandonment and did not result in the loss of its security as a creditor. The statutory framework permits a creditor to withdraw a claim from proof and subsequently institute legal proceedings to enforce the claim. Upon obtaining judgment, section 78(3) of the Insolvency Act deems the claim to have been proved and admitted against the estate, provided proof was tendered at a meeting of creditors, which Barlows had done. The court found that the relevant statutory provisions do not require reje…

Source excerpt

• Suretyship
• Liquidation Procedure
• Secured Creditor Rights
• Proof Of Claim
• Cession Of Actions