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South Africa Case Law

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Commercial And Corporate [2025] ZAGPJHC 254

Langlaagte Truck And Car CC v 8 Mile Investments 539 (Pty) Ltd and Others (2024/007632)

Langlaagte Truck And Car CC v 8 Mile Investments 539 (Pty) Ltd and Others (2024/007632) [2025] ZAGPJHC 254 (10 March 2025)

Court
South Gauteng High Court, Johannesburg
Case number
2024/007632
Judge
PJ Du Plessis

The court found that the Applicant acted in good faith, purchasing the property at auction and complying with all required legal processes before the property became bona vacantia due to the deregistration of 8 Mile Investments. The only defect was an incorrect property description, which was later rectified by a subsequent court order and addendum. The court held that reinstatement under section 83(4) of the Companies Act must have automatic retrospective effect, validating all corporate activities and revesting assets, including the property in question. The Respondent's objections regardin…

Source excerpt

  • Companies Act Reinstatement
  • Bona Vacantia
  • Property Transfer
  • Retrospective Validation
  • Sale In Execution
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Commercial And Corporate [2015] ZASCA 83

Reddy v Absa Bank Ltd and Others (20096/2014)

Reddy v Absa Bank Ltd and Others (20096/2014) [2015] ZASCA 83 (28 May 2015)

Court
Supreme Court of Appeal
Case number
20096/2014
Judges
Lewis, Ponnan, Saldulker, Van der Merwe, Mayat

The Supreme Court of Appeal held that the reinstatement of Missouri Trading CC under s 82(4) of the Companies Act 71 of 2008 automatically and retrospectively validated all corporate activities undertaken during the period of deregistration, including the winding up process and the appointment of liquidators. The court relied on its previous decision in Newlands Surgical Clinic v Peninsula Eye Clinic, which established that reinstatement operates retrospectively not only to revest property but also to validate corporate actions. The appellant's application was therefore without merit, and the…

Source excerpt

  • Companies Act 71 Of 2008
  • Deregistration And Reinstatement
  • Retrospective Validation
  • Winding Up
  • Close Corporations
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Commercial And Corporate [2013] ZASCA 136

CA Focus CC v Village Freezer t/a Ashmel Spar (731/12)

CA Focus CC v Village Freezer t/a Ashmel Spar (731/12) [2013] ZASCA 136; 2013 (6) SA 549 (SCA) (27 September 2013)

Court
Supreme Court of Appeal
Case number
731/12
Judges
Cachalia, Leach, Majiedt, Petse, Willis

Section 26(7) of the Close Corporations Act operates without limitation or qualification and retrospectively validates legal proceedings instituted during the period of deregistration. The statutory fiction created by the provision places all parties, including third parties, in the same position as if deregistration had never occurred. The restoration of registration interrupts prescription, and the summons issued by the appellant during deregistration is deemed valid. The respondent's rights were not adversely affected, as it was aware of the claim and participated in the proceedings. The c…

Source excerpt

  • Close Corporation Deregistration
  • Retrospective Validation
  • Interruption Of Prescription
  • Statutory Fiction
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Commercial And Corporate [2013] ZASCA 52

Kadoma Trading (Pty) Ltd v Noble Crest CC (452/2012)

Kadoma Trading (Pty) Ltd v Noble Crest CC (452/2012) [2013] ZASCA 52; 2013 (3) SA 338 (SCA); [2013] 3 All SA 126 (SCA) (28 March 2013)

Court
Supreme Court of Appeal
Case number
452/2012
Judges
Maya, Shongwe, Pillay, Erasmus, Swain

Section 26(7) of the Close Corporations Act unambiguously provides that upon restoration, a corporation is deemed to have continued in existence as from the date of deregistration as if it were never deregistered. This retroactive deeming validates all acts performed during the period of deregistration, including the conclusion of contracts. The administrative restoration process is sufficient and does not require judicial intervention. The appellant's interpretation, which would limit the effect of restoration to prospective acts only, is inconsistent with the statutory language and establis…

Source excerpt

  • Close Corporations Act
  • Deregistration And Restoration
  • Contract Validity
  • Retrospective Validation
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Commercial And Corporate [2010] ZAKZPHC 32

Moosa and Others v Akoo and Others (5378/2006)

Moosa and Others v Akoo and Others (5378/2006) [2010] ZAKZPHC 32 (22 June 2010)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
5378/2006
Judge
Msimang

The court found that section 6(1) of the Trust Property Control Act is peremptory, requiring written authorization from the Master before a trustee may act. The first respondent was not authorized at the relevant time and thus could not validly represent the M A Osman Family Trust in taking over partnership interests. The court preferred the interpretation in Simplex and van der Merwe, holding that actions taken by unauthorized trustees are void and cannot be ratified. The argument for tacit relocation of the partnership agreement was rejected due to lack of evidence and because it was not th…

Source excerpt

  • Trust Property Control Act
  • Partnership Dissolution
  • Authority Of Trustees
  • Retrospective Validation
  • Costs Award
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Constitutional Law [2001] ZACC 7

Member of the Executive Council for Local Government and Development Planning Western Cape and Another v Paarl Poultry Enterprises CC t/a Rosendal Poultry Farm (CCT38/01)

Member of the Executive Council for Local Government and Development Planning Western Cape and Another v Paarl Poultry Enterprises CC t/a Rosendal Poultry Farm (CCT38/01) [2001] ZACC 7; 2002 (2) BCLR 133 ; 2002 (3) SA 1 (CC) (14 December 2001)

Court
Constitutional Court
Case number
CCT38/01
Judges
Yacoob J, Chaskalson CJ, Langa DCJ, Ackermann J, Kriegler J, Madala J, Mokgoro J, O'Regan J, Sachs J, Du Plessis AJ, Skweyiya AJ

The Constitutional Court held that the Member of the Executive Council (MEC) retained authority under section 10 of the Local Government Transition Act (LGTA) to enact Proclamation 52, including its savings provision, as section 10N(2) did not expressly remove such powers in respect of district councils. The Court found that district councils in the Western Cape were lawfully constituted under the applicable provincial proclamations until new regulations were enacted to provide for proportional representation, as required by the 1996 amendment to the LGTA. The failure to enact new regulations…

Source excerpt

  • Ultra Vires
  • Local Government Transition
  • Retrospective Validation
  • Rule Of Law
  • Proclamation Powers
  • Declaratory Relief
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.