South Africa Case Law

Ramatsekisa v Special Investigating Unit and Others (GP21/2023)

Ramatsekisa v Special Investigating Unit and Others (GP21/2023) [2025] ZAST 7 (17 March 2025)

Court

Special Tribunal

Case number

GP21/2023

Judge

M Victor

The Tribunal found that the applicant failed to provide full and frank disclosure of his financial situation, including details of income from rental properties and proceeds from property sales, and showed reluctance to sell assets to meet expenses. The legislative framework, when interpreted harmoniously, empowers the Tribunal to grant interdictory relief to protect state assets, and the rules do not override the SIU Act. The applicant did not meet the requirements for release of preserved funds under rule 23(10), as he did not disclose all interests in property subject to the preservation o…

Source excerpt

• Preservation Order
• Release Of Preserved Funds
• Full And Frank Disclosure
• Ranking Of Creditors
• Statutory Interpretation
• Pension Fund Deductions

Silostrat (Pty) Ltd & Others v Pieter Hendrik Strydom N.O & Others (845/2019, 898/2019)

Silostrat (Pty) Ltd & Others v Pieter Hendrik Strydom N.O & Others (845/2019, 898/2019) [2021] ZASCA 93 (25 June 2021)

Court

Supreme Court of Appeal

Case number

845/2019 and 898/2019

Judges

Ponnan, Dambuza, Nicholls, Gorven, Mabindla-Boqwana

The Supreme Court of Appeal dismissed competing appeals over cession ranking, holding Standard Bank’s cession did not cover the 2015 maize proceeds and rectification failed.

• Cession Of Rights
• Rectification Of Contracts
• Ranking Of Creditors
• Insolvency Proceedings
• Interpretation Of Legal Documents
• Cession-of-rights

Van Der Merwe and Others v UTI South Africa Proprietary Limited and Others (11033/2014)

Van Der Merwe and Others v UTI South Africa Proprietary Limited and Others (11033/2014) [2014] ZAKZDHC 61 (17 December 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

11033/2014

Judge

Annanbale

The court held that SARS had security for unpaid duty and VAT, but no embargo preventing liquidators from taking possession and realising the imported equipment.

• Customs And Excise Liens
• Statutory Preference
• Liquidation Distribution
• Release Of Assets
• Ranking Of Creditors
• Customs-and-excise-liens

Nedcor Investment Bank v Pretoria Belgrave Hotel (Pty) Ltd (344/2002)

Nedcor Investment Bank v Pretoria Belgrave Hotel (Pty) Ltd (344/2002) [2003] ZASCA 52; 2003 (5) SA 189 (SCA) (27 May 2003)

Court

Supreme Court of Appeal

Case number

344/2002

Judges

Vivier, Lewis, Shongwe

The Supreme Court of Appeal held that a purchaser’s unpaid balance was not an administration expense where the sale had been completed before liquidation.

• Effect Of Insolvency On Executory Contract
• Ranking Of Creditors
• Liquidation Procedure
• Administration Expenses
• Insolvency
• Liquidation