South Africa Case Law

Kurt Robert Knoop and Others v Tegeta Exploration and Resources (Pty) Ltd and Others (312/2024)

Kurt Robert Knoop and Others v Tegeta Exploration and Resources (Pty) Ltd and Others (312/2024) [2025] ZASCA 96 (30 June 2025)

Court

Supreme Court of Appeal

Case number

312/2024

Judges

Hughes, Weiner, Unterhalter, Baartman, Molitsoane

The Supreme Court of Appeal held that, under the Companies Act, once a company is placed under business rescue, the business rescue practitioners assume full management control, superseding the board of directors. Directors are thus deprived of the authority to independently appoint attorneys or initiate litigation on behalf of the company without the practitioners' approval. The mere production of a power of attorney by a director does not satisfy Rule 7 of the Uniform Rules of Court unless the director is authorized to issue it. The High Court erred in finding that the attorneys were author…

Source excerpt

• Business Rescue
• Authority Of Directors
• Rule 7 Uniform Rules
• Appointment Of Attorneys
• Appealability
• Powers Of Business Rescue Practitioners

Mofu v Nala Local Municipality (5224/2024)

Mofu v Nala Local Municipality (5224/2024) [2025] ZAFSHC 199 (27 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5224/2024

Judge

Grobler AJ

Leave to appeal was dismissed after the court held that authority to act for other applicants was not proved and no reasonable prospect of success was shown.

• Authority To Act
• Deductions From Remuneration
• Rule 7 Uniform Rules
• Confirmatory Affidavits
• Reasonable Prospect Of Success
• Leave-to-appeal

Oates v South African Council For Architectural Professions and Another (A206/22)

Oates v South African Council For Architectural Professions and Another (A206/22) [2025] ZAGPPHC 440 (7 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A206/22

Judge

Swanepoel

The High Court dismissed a belated Rule 7 challenge to an attorney’s authority, struck scandalous allegations from affidavits, and awarded costs.

• Authority Of Attorney
• Rule 7 Uniform Rules
• Declaratory Relief
• Condonation
• Striking Out Scandalous Matter
• Rule-7

Botha N.O and Others v Van Der Merwe N.O and Another (056043/2023)

Botha N.O and Others v Van Der Merwe N.O and Another (056043/2023) [2025] ZAGPPHC 413 (17 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

056043/2023

Judge

Mali

Liquidators obtained an interim interdict stopping further alienation of an aircraft pending action to set aside its sale, with costs awarded to the applicants.

• Interim Interdict
• Liquidation Proceedings
• Disposition Of Property
• Fiduciary Duties Of Liquidators
• Section 26 Insolvency Act
• Rule 7 Uniform Rules

Sibidi and Others v Van As and Others (B2/2024)

Sibidi and Others v Van As and Others (B2/2024) [2025] ZAGPPHC 466 (14 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

B2/2024

Judge

Strijdom

The High Court dismissed an application for leave to appeal against an order activating a suspended sentence, finding no reasonable prospect of success.

• Leave To Appeal
• Authority Of Trustees
• Locus Standi
• Rule 7 Uniform Rules
• Costs Order
• Leave-to-appeal

Ba-Phalaborwa Municipality v Tipuprox (Pty) Ltd and Another (030618/2023)

Ba-Phalaborwa Municipality v Tipuprox (Pty) Ltd and Another (030618/2023) [2025] ZAGPPHC 288 (14 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

030618/2023

Judge

N.P. Mali

The High Court dismissed Ba-Phalaborwa Municipality’s application to set aside an arbitration award because it failed to prove council authority to litigate.

• Arbitration Award Review
• Municipal Authority
• Council Resolution Requirement
• Rule 7 Uniform Rules
• Municipal-authority
• Rule-7

Red Sage Properties 91 (Pty) Ltd v Trustees for the Time Being of the Remora Trust (Karen Cronje N.O) (11045/2024)

Red Sage Properties 91 (Pty) Ltd v Trustees for the Time Being of the Remora Trust (Karen Cronje N.O) (11045/2024) [2025] ZALMPPHC 6 (31 January 2025)

Court

Limpopo High Court, Polokwane

Case number

11045/2024

Judge

M Z Makoti

The court dismissed a late condonation application to file a Rule 7(1) notice, but still moved the sequestration matter from the unopposed to opposed roll.

• Condonation
• Challenge To Authority
• Rule 7 Uniform Rules
• Sequestration Application
• Rule-7
• Challenge-to-authority

Government Employee Pension Fund v Gijima Holdings Pty Ltd (7435/2021)

Government Employee Pension Fund v Gijima Holdings Pty Ltd (7435/2021) [2025] ZAGPPHC 112 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

7435/2021

Judge

N V Khumalo

The court held that the pension fund’s attorneys were duly authorised through a chain of delegation and dismissed the respondent’s Rule 35(12) discovery challenge.

• Authority To Act
• Power Of Attorney
• Mandate Of Agent
• Delegation Of Authority
• Rule 7 Uniform Rules
• Corporate Resolution

Nonica Estates CC v All Illegal Occupiers, Invaders and any Person Holding Residence under such Illegal Occupiers and Invaders of the Immovable Property and Others (3167/2018)

Nonica Estates CC v All Illegal Occupiers, Invaders and any Person Holding Residence under such Illegal Occupiers and Invaders of the Immovable Property and Others (3167/2018) [2024] ZAECMHC 44 (28 May 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3167/2018

Judge

Hinana

Eviction application dismissed because the applicant did not prove authority to institute and prosecute the proceedings under Rule 7(1).

• Eviction Proceedings
• Authority To Institute Proceedings
• Locus Standi
• Rule 7 Uniform Rules
• Prevention Of Illegal Eviction
• Eviction-proceedings

Mthembu v Allied Health Professions Council of South Africa and Others (023166/2022)

Mthembu v Allied Health Professions Council of South Africa and Others (023166/2022) [2023] ZAGPPHC 1197 (20 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

023166/2022

Judge

Minnaar

The court dismissed a Rule 7 challenge to an attorney’s authority, holding the respondent’s executive committee could appoint attorneys and the challenge was late and unfounded.

• Authority Of Attorney
• Rule 7 Uniform Rules
• Ratification Of Procedural Defect
• Rule-7
• Authority-of-attorney
• Ratification-of-procedural-defect