South Africa Case Law

Sable Hills Waterfront Estate Homeowners Association (NPC) and Others v Companies and Intellectual Properties Commission and Others (053716/2024)

Sable Hills Waterfront Estate Homeowners Association (NPC) and Others v Companies and Intellectual Properties Commission and Others (053716/2024) [2025] ZAGPPHC 110 (29 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

053716/2024

Judge

N Davis

High Court set aside an AGM resolution expanding a homeowners association board and the resulting director appointments for lack of prior notice.

• Companies Act Compliance
• Memorandum Of Incorporation Interpretation
• Notice Requirements
• Board Election Procedure
• Quorum Requirements
• Homeowners-association

CLLR Tlhabadira v CLLR Mogapi and Others (13207/2022; 13268/2022)

CLLR Tlhabadira v CLLR Mogapi and Others (13207/2022; 13268/2022) [2023] ZALMPPHC 93 (29 September 2023)

Court

Limpopo High Court, Polokwane

Case number

13207/2022; 13268/2022

Judge

M V Semenya

The court found that the meeting of 21 October 2022 was lawfully adjourned by the speaker due to disorder, and any business transacted thereafter, including the motions of no confidence and subsequent appointments, was unlawful. The respondents failed to comply with the Rules of Order and the Municipal Structures Act, particularly regarding the requirement for prior notice of motions for removal and the proper constitution of council meetings. The invocation of urgency and suspension of standing orders was not lawfully effected, and the applicants were denied procedural fairness. Consequently…

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• Municipal Structures Act
• Council Meeting Procedure
• Motions Of No Confidence
• Review Of Administrative Action
• Quorum Requirements

BCB Cable Jointing CC v Ampcor Khanyisa (Pty) Ltd and Others (4709/2021)

BCB Cable Jointing CC v Ampcor Khanyisa (Pty) Ltd and Others (4709/2021) [2023] ZAWCHC 89; [2023] 3 All SA 81 (WCC) (5 May 2023)

Court

Western Cape High Court, Cape Town

Case number

4709/2021

Judge

J Cloete

The court found that the applicant failed to provide a full and reasonable explanation for the eight-month delay in instituting review proceedings, with significant periods unexplained and the remainder inadequately justified. The applicant’s reliance on alleged fraud was unsupported by admissible evidence and did not obviate the need for condonation. The City’s supply chain management policy was valid at the time of the tender award, as the invalidity of the 2017 regulations did not retrospectively affect the policy. The tender process, including pricing evaluation and committee constitution…

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• Tender Review
• Delay Institution Of Proceedings
• Preferential Procurement
• Condonation
• Fraud In Tender Process
• Quorum Requirements

Nelson Mandela Bay Municipality and Others v Qaba and Others (862/2022)

Nelson Mandela Bay Municipality and Others v Qaba and Others (862/2022) [2022] ZAECQBHC 2; [2022] 3 All SA 239 (ECP) (5 April 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

862/2022

Judge

Goosen

The court held that the applicants, as cited, lack legal standing to bring proceedings against the municipal council, as a municipality cannot assert a legal interest separate from its council. The office of the City Manager and Executive Mayor, acting in their official capacities, cannot institute proceedings against the council, except in the context of self-review, which was not the case here. The asserted rights and interests are not properly vested in the applicants, and any rights affected by council resolutions must be asserted by the individuals concerned. The court found that the req…

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• Municipal Manager Appointment
• Standing Of Municipality
• Interim Interdict
• Quorum Requirements
• Self Review
• Non Joinder

Chess South Africa and Others v Chess South Africa and Others (A5067/2019)

Chess South Africa and Others v Chess South Africa and Others (A5067/2019) [2022] ZAGPJHC 87 (16 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5067/2019

Judges

Malindi, Victor, Matthys

The court found that the respondents were not absent in the sense required by Rule 6(12)(c), as they had received notice of the application and the relief sought, including the exclusion from the AGM. Their decision not to oppose, despite logistical and financial difficulties, did not render the order erroneously granted or justify rescission. The Siwendu J order was properly foreshadowed in the amended Notice of Motion and Supplementary Affidavit, and the AGM and elections were conducted in accordance with the Chess SA constitution and the court's directives. The respondents' exclusion was a…

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• Rescission Of Judgment
• Urgent Application
• Corporate Governance
• Notice And Absence
• Quorum Requirements

Blue Nightingale 709 (Pty) Ltd v Nkwe Platinum South Africa (Pty) Ltd and Others (28760/21)

Blue Nightingale 709 (Pty) Ltd v Nkwe Platinum South Africa (Pty) Ltd and Others (28760/21) [2021] ZAGPJHC 660 (9 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

28760/21

Judge

Keightley

The High Court dismissed a challenge to Nkwe SA’s business rescue resolution, finding the board was quorate and the shareholders’ agreement could not override the MOI.

• Business Rescue
• Shareholders Agreement
• Memorandum Of Incorporation
• Quorum Requirements
• Fiduciary Duties
• Financial Distress

Royal Palm Body Corporate v Vahlati Investments (Pty) Ltd and Another (7214/2020P)

Royal Palm Body Corporate v Vahlati Investments (Pty) Ltd and Another (7214/2020P) [2021] ZAKZPHC 28; 2021 (5) SA 632 (KZP) (1 June 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7214/2020P

Judge

Mathenjwa AJ

The High Court upheld an appeal against a CSOS adjudicator, finding the body corporate meeting was quorate and the claim should be dismissed.

• Community Schemes Ombud Service Act
• Sectional Titles Schemes Management Act
• Statutory Interpretation
• Quorum Requirements
• Developer Definition
• Community-schemes-ombud-service-act

Plaaslike Besorgde Inwoners (PBI) and Others v George Municipality and Others (7529/2020)

Plaaslike Besorgde Inwoners (PBI) and Others v George Municipality and Others (7529/2020) [2020] ZAWCHC 102 (24 August 2020)

Court

Western Cape High Court, Cape Town

Case number

7529/2020

Judge

Hockey AJ

The court found that all cancellations and postponements of council meetings were justified by legitimate health and safety concerns due to the COVID-19 pandemic and were in compliance with ministerial directions and lockdown regulations. The applicants failed to provide objective facts to support their allegations of manipulation or sinister intent by the speaker. The election process for the executive mayor on 22 May 2020 substantially complied with the legislative framework, including the Municipal Structures Act and the Rules of Order. Any minor deviations, such as the entry of a councill…

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• Municipal Structures Act
• Local Government Elections
• Covid19 Regulations
• Substantial Compliance
• Secret Ballot
• Quorum Requirements

Lawrence v Magistrates Commission and Others (1070/2019)

Lawrence v Magistrates Commission and Others (1070/2019) [2019] ZAFSHC 269; 2020 (2) SA 526 (FB) (12 December 2019)

Court

Free State High Court, Bloemfontein

Case number

1070/2019

Judges

Daffue, Molitsoane

The court found that the Appointments Committee was not quorate during the Bloemfontein shortlisting process, as only five out of ten members were present, contrary to the statutory requirement that a majority constitutes a quorum. The chairperson's purported exercise of discretion to reduce the quorum was held to be unlawful and irrational. The Committee failed to consider all qualifying candidates, unlawfully excluded white candidates from consideration, and did not properly apply section 174(2) of the Constitution or regulation 5 of the Magistrates Act. The shortlisting proceedings were th…

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• Judicial Appointments
• Principle Of Legality
• Quorum Requirements
• Section 174 2 Constitution
• Review Of Administrative Action
• Procedural Fairness

Amos v Minister of Justice and Others (9469/17)

Amos v Minister of Justice and Others (9469/17) [2019] ZAWCHC 130 (12 September 2019)

Court

Western Cape High Court, Cape Town

Case number

9469/17

Judge

M Sher

High Court review of a magistrate appointment was granted after a defective interview process. The court remitted the matter for a fresh, properly constituted process.

• Promotion Of Administrative Justice Act
• Judicial Appointments
• Substitution Vs Remittal
• Quorum Requirements
• Bias And Procedural Fairness
• Administrative-law