Segalo v Botha N.O. and Others; Botha N.O. and Another v Segalo and Others (2020/11582; 2019/44572)
Segalo v Botha N.O. and Others; Botha N.O. and Another v Segalo and Others (2020/11582; 2019/44572) [2021] ZAGPJHC 770 (6 December 2021)
The court held that section 386 of the Companies Act 61 of 1973 is not unconstitutional and invalid for failing to provide judicial oversight over the sale of residential immovable property owned by liquidated companies. The constitutional protections under sections 26 and 34 do not extend to juristic persons, and the sale of company-owned property does not implicate the right to housing or access to courts for natural persons residing in such property. The court distinguished the present facts from cases such as Lesapo, Zondi, and Jaftha, which dealt with self-help and deprivation of housing…
Source excerpt
- Judicial Oversight
- Right Of Access To Courts
- Right To Housing
- Liquidation Of Companies
- Sale Of Residential Property
- Rule 46a Application