South Africa Case Law

Spotprops 34 (Pty) Ltd v Bridgetown Body Corporate and Others (2023/131988; 2024/135959)

Spotprops 34 (Pty) Ltd v Bridgetown Body Corporate and Others (2023/131988; 2024/135959) [2025] ZAGPJHC 544 (6 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/131988; 2024/135959

Judge

L Windell

The court found that the ombud's decision to appoint the executive managing agent was procedurally and substantively flawed. The resolution relied upon did not meet the statutory 25% participation quota, as many signatories were not registered owners, proxies were not properly authorised, and duplicate signatures existed. The ombud failed to verify the authenticity and sufficiency of the supporting documentation, acting on unverified and misleading information. This omission rendered the decision irrational and unlawful under the Promotion of Administrative Justice Act. In the 2023 applicatio…

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• Sectional Titles Schemes Management Act
• Appointment Of Administrator
• Executive Managing Agent
• Lis Alibi Pendens
• Promotion Of Administrative Justice Act
• Proxy Voting

Baloyi and Others v Lazarus and Others (Leave to Appeal) (11901/2022)

Baloyi and Others v Lazarus and Others (Leave to Appeal) (11901/2022) [2024] ZALMPPHC 169 (1 November 2024)

Court

Limpopo High Court, Polokwane

Case number

11901/2022

Judge

M Bresler

The court found that its interpretation of the Supreme Court of Appeal order regarding beneficiary voting rights was correct and that there was no reasonable prospect of success on appeal. The evidence presented regarding proxy voting was inconclusive and properly rejected, and the supporting affidavits were considered but found inconsistent. The first applicant lacked locus standi as he was not listed among the beneficiaries entitled to vote. The court concluded that the applicants failed to make out a case for the relief sought and that no sound, rational basis existed to grant leave to app…

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• Leave To Appeal
• Beneficiary Voting Rights
• Proxy Voting
• Locus Standi
• Costs Award

Minister of Higher Education, Science and Technology v Construction Education and Training Authority and Others (JA27/2020)

Minister of Higher Education, Science and Technology v Construction Education and Training Authority and Others (JA27/2020) [2021] ZALAC 39; [2022] 1 BLLR 72 (LAC); (2022) 43 ILJ 374 (LAC) (20 October 2021)

Court

Labour Appeal Court

Case number

JA27/2020

Judges

Waglay JP, Davis JA, Coppin JA

The Labour Appeal Court held that the resolution appointing Werkmans Attorneys to act for the first respondent was invalid because it failed to secure the required majority and impermissibly included proxy votes, which are expressly prohibited by the first respondent's Constitution. The second respondent, as proposer, did not vote, and the withdrawal of support by four directors further undermined the resolution's validity. Without a valid resolution, the application lacked proper authorisation and could not be sustained. The Court declined to exercise its discretion to grant a just and equit…

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• Locus Standi
• Board Resolution Validity
• Skills Development Act
• Proxy Voting
• Just And Equitable Remedy

Malatji v Ledwaba NO and Others (1136/19)

Malatji v Ledwaba NO and Others (1136/19) [2021] ZASCA 29 (30 March 2021)

Court

Supreme Court of Appeal

Case number

1136/19

Judges

Saldulker, Mbha, Mbatha, Gorven, Eksteen

The Supreme Court of Appeal set aside a trust trustees election because proxy voting and the voting procedure breached the trust deed and court order.

• Trust Deed Interpretation
• Election Of Trustees
• Proxy Voting
• Waiver And Estoppel
• Trust-deed-interpretation
• Proxy-voting

Women in Capital Growth (Pty) Ltd and Another v Scott and Others (1193/2019)

Women in Capital Growth (Pty) Ltd and Another v Scott and Others (1193/2019) [2020] ZASCA 95 (20 August 2020)

Court

Supreme Court of Appeal

Case number

1193/2019

Judges

Wallis, Mbha, Nicholls, Weiner, Unterhalter

The Supreme Court of Appeal dismissed an appeal about irrevocable shareholder voting undertakings as moot because the relevant resolutions had already been passed and implemented.

• Shareholder Agreements
• Proxy Voting
• Company Directors Removal
• Mootness
• Costs Award
• Shareholder-agreements

Malatji v Ledwaba NO and Others (925/2019)

Malatji v Ledwaba NO and Others (925/2019) [2019] ZALMPPHC 40 (8 August 2019)

Court

Limpopo High Court, Polokwane

Case number

925/2019

Judge

M.V Semenya

The High Court dismissed a challenge to a trustees’ election for the Mamphoku Makgoba Community Trust, but ordered withdrawal of improperly issued letters of authority.

• Trust Deed Interpretation
• Election Of Trustees
• Proxy Voting
• Structural Interdict
• Letters Of Authority
• Compliance With Court Order

Harri and Others v Silogque Landowners Association and Others (A943/2014)

Harri and Others v Silogque Landowners Association and Others (A943/2014) [2016] ZAGPPHC 1038 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

A943/2014

Judges

S P Mothle, R Tolmay, N Jansen van Nieuwenhuizen

The Full Court found that the order of the court a quo was inconsistent with its findings and the relief sought by the appellants. Specifically, the original order erroneously invalidated decisions taken by show of hands, whereas the judgment established that only decisions taken by proxy were invalid. The exclusion of certain landowners or their representatives from voting at the 2011 AGM rendered the meeting invalid, and the removal of the appellants' entrenched veto rights was also invalid. The appeal was upheld, and the order was amended to accurately reflect the findings and relief sough…

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• Companies Act
• Articles Of Association
• Proxy Voting
• Annual General Meeting
• Declaration Of Invalidity

Von Siebel and Others v Accentuate Limited and Others (47008/13)

Von Siebel and Others v Accentuate Limited and Others (47008/13) [2015] ZAGPJHC 99 (13 March 2015)

Court

South Gauteng High Court, Johannesburg

Case number

47008/13

Judge

RE Monama

The High Court held that the applicants’ votes at the AGM were lawfully excluded under the Companies Act, and dismissed the application with costs.

• Shareholder Rights
• Beneficial Interest
• Proxy Voting
• Oppressive Conduct
• Memorandum Of Incorporation
• Interim Relief

SA Mohair Brokers Ltd v Louw and Others (602/10)

SA Mohair Brokers Ltd v Louw and Others (602/10) [2011] ZASCA 87 (27 May 2011)

Court

Supreme Court of Appeal

Case number

602/10

Judges

Harms, Brand, Heher, Meer, Plasket

The Supreme Court of Appeal held that a share sale without prior director approval was not void, and that proxies from registered shareholders had to be accepted.

• Company Articles
• Transfer Of Shares
• Proxy Voting
• Shareholder Rights
• Company-articles
• Transfer-of-shares

Louw and Others v SA Mohair Brokers Ltd and Others (3682/09)

Louw and Others v SA Mohair Brokers Ltd and Others (3682/09) [2010] ZAECPEHC 37 (24 June 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3682/09

Judge

Y Ebrahim

The High Court held that excluding proxy holders from SA Mohair Brokers’ AGM was unlawful and unfairly prejudicial, and set aside the disputed resolutions.

• Shareholder Rights
• Proxy Voting
• Unfairly Prejudicial Conduct
• Companies Act 1973
• Special Resolution
• Fiduciary Duties