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South Africa decisions
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Phumo and Another v National Director of Public Prosecutions (2024/110053) [2025] ZAGPPHC 735 (21 July 2025)
The court declined to set aside a preservation order, finding service complaints unpersuasive and directing service on the remaining affected respondents.
Strydom N.O and Others v Brandt (4579/2019) [2021] ZALMPPHC 24 (6 May 2021)
The High Court set aside payments made by insolvent Free Agape Enterprises to the defendant as dispositions without value under section 26 of the Insolvency Act.
Khambule and Another v Registrar of Banks In re: Registrar of Banks v Khambule and Others (256009/14) [2017] ZAGPJHC 414 (17 November 2017)
The High Court dismissed an application to rescind a final sequestration order, finding no basis under rule 42(1) or rule 31(2)(b) and awarding punitive costs.
Khambule and Another v Registrar of Banks; In Re: Registrar of Banks v Khambule and Others (256007/14) [2017] ZAGPJHC 432 (17 November 2017)
The High Court dismissed Khambule’s rescission application against a final sequestration order, holding it was not granted in error or by default.
National Director of Public Prosecutions v Mooi and Others (23596/2012) [2013] ZAWCHC 155 (18 October 2013)
The court held that while the value of property sought to be restrained may exceed the anticipated confiscation order, this is not an absolute bar to granting a restraint order. The respondents' argument that the order should be limited to the amounts directly received by them was rejected, as further evidence may emerge during the criminal trial regarding their involvement in a pyramid scheme. The court found that the applicant's proposed cap of R26,450,438.00 was unjustified, given the limited scope of the criminal charges and the lack of evidence of assets approaching this value. Instead,…
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Eastern Cape Society of Advocates v Jacobs (2232/2011) [2012] ZAECPEHC 51 (20 August 2012)
The High Court struck an advocate off the roll after a theft conviction, unprofessional handling of client funds, and other misconduct showing he was not fit to practise.
Zwarts v Janse van Rensburg NO and Others (590/10) [2011] ZASCA 70 (25 May 2011)
The Supreme Court of Appeal dismissed an appeal about repayments from a pyramid scheme liquidation, holding the appellant contracted with the companies, not Ms Prinsloo personally.
Ramalho NO and Others v Potgieter (23133/09) [2010] ZAGPPHC 149 (12 October 2010)
The High Court set aside payments made by Money Skills Limited to the defendant as unlawful dispositions and ordered repayment, interest, and costs.
Catharina and Another v Acker (4840/2005) [2010] ZAFSHC 63 (1 July 2010)
The court found, on a balance of probabilities, that Noite Dia Trust operated an unlawful banking business by accepting deposits from the public without being registered as a bank, in contravention of section 11 of the Banks Act. The investment scheme constituted an unfair business practice as defined in the Consumer Affairs (Unfair Business Practices) Act and relevant regulations, specifically as a pyramid promotional scheme. All agreements entered into for investment purposes with the Trust were declared void ab initio. The court held that the hearsay evidence relied upon by the applicants…
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Moodaley and Others v King (800/2008) [2009] ZANCHC 52 (30 October 2009)
The court found that the contracts entered into by the plaintiffs with the defendant were part of an illegal pyramid scheme and thus void insofar as they purported to grant excessive interest. However, South African law allows recovery of the capital invested, even where the contract is tainted by illegality, provided the claim is not for the illegal interest. The plaintiffs were entitled to restitution of their capital investments, but not the usurious interest. The court awarded the plaintiffs repayment of their capital, less any amounts already repaid, and interest at a reasonable rate fro…
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