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South Africa Case Law

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Civil Procedure [2023] ZAST 15

Special Investigating Unit and Another v Zulu and Others (GP/04/2022)

Special Investigating Unit and Another v Zulu and Others (GP/04/2022) [2023] ZAST 15 (13 November 2023)

Court
Special Tribunal
Case number
GP/04/2022
Judge
S Naidoo

The Tribunal found that the plaintiffs had pleaded sufficient facts to enable the defendants to respond, including Zulu's duties, the schedule of payments, and the nature of the alleged secret profits. The Tribunal held that it was not necessary for the plaintiffs to plead the specific role Zulu played in the awarding of contracts, as such matters are for evidence at trial. The claims against Commodity Logistics and Siba, while not elegantly worded, were found to be sufficiently linked to the alleged corrupt relationship and payments. The Tribunal concluded that the exceptions would not dispo…

Source excerpt

  • Exception Procedure
  • Pleading Requirements
  • Joint And Several Liability
  • Breach Of Fiduciary Duty
  • Secret Profits
  • Debate Of Account
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Commercial And Corporate [2021] ZAST 2

Special Investigation Unit and Another v Msagala and Others (GP05/2020)

Special Investigation Unit and Another v Msagala and Others (GP05/2020) [2021] ZAST 2 (31 August 2021)

Court
Special Tribunal
Case number
GP05/2020
Judge
L T Modiba

The Tribunal found, on a balance of probabilities, that Msagala received secret profits amounting to R26,423,028.77 from IGS and Sithole while employed by Transnet, in breach of his employment duties. The evidence showed that cash deposits into the Msagala Investment Trust account correlated with payments from Transnet to IGS and subsequent cash cheques issued by IGS, which were cashed by Msagala or his associates. The Tribunal rejected the defence that these funds were derived from other businesses or loan repayments, finding such explanations improbable and unsupported by evidence. IGS and…

Source excerpt

  • Breach Of Fiduciary Duty
  • Secret Profits
  • Disgorgement Of Profits
  • Statement And Debatement Of Account
  • Punitive Costs
  • Forfeiture Of Assets
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Commercial And Corporate [2017] ZAGPPHC 428

Onsite Waste Management CC v Wasteserv Waste Management CC and Another (19322/2012)

Onsite Waste Management CC v Wasteserv Waste Management CC and Another (19322/2012) [2017] ZAGPPHC 428 (3 April 2017)

Court
North Gauteng High Court, Pretoria
Case number
19322/2012
Judge
S.A.M. Baqwa

The court found that the second defendant, while a director and member of the plaintiff, failed to disclose his full interest in the first defendant and manipulated pricing to benefit himself and the first defendant at the expense of the plaintiff. This conduct constituted a clear breach of fiduciary duties under section 42 of the Close Corporations Act. The second defendant was under an absolute duty to disclose his interests and any economic benefits derived from transactions involving the plaintiff and the first defendant. His failure to do so, coupled with the evidence of secret profits a…

Source excerpt

  • Fiduciary Duties
  • Conflict Of Interest
  • Secret Profits
  • Close Corporations Act
  • Disclosure Of Interest
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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.