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South Africa Case Law

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Commercial And Corporate [2023] ZAGPPHC 728

Nkamuhayo and Another v Butler and Others (072648/2023)

Nkamuhayo and Another v Butler and Others (072648/2023) [2023] ZAGPPHC 728 (24 August 2023)

The High Court declared precautionary suspension notices invalid and interdicted a director from obstructing two applicants, but refused delinquency relief under section 162.

  • Delinquent Director
  • Precautionary Suspension
  • Section 162 Companies Act
  • Interdict
  • Unlawful Suspension
  • Delinquent-director
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Commercial And Corporate [2022] ZAGPJHC 336

Moyo v Old Mutual Ltd and Others (22791/2019)

Moyo v Old Mutual Ltd and Others (22791/2019) [2022] ZAGPJHC 336; [2022] 3 All SA 795 (GJ) (16 May 2022)

The High Court dismissed contempt and delinquency claims against Old Mutual and its directors, finding no contempt, no delinquency, and lawful termination.

  • Delinquency Of Directors
  • Contempt Of Court
  • Fiduciary Duties
  • Breach Of Trust
  • Section 162 Companies Act
  • Scandalising The Court
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Commercial And Corporate [2019] ZALMPPHC 57

Roka Phasha Makgalanoto Community Trust v Phasha and Others (2631/2019)

Roka Phasha Makgalanoto Community Trust v Phasha and Others (2631/2019) [2019] ZALMPPHC 57 (27 November 2019)

The court found that the Applicant failed to provide sufficient documentary or corroborating evidence to establish that the First Respondent had breached section 76(2) of the Companies Act or engaged in serious misconduct justifying a delinquency order. The allegations regarding the formation of parallel entities and improper awarding of contracts were denied by the First Respondent and not substantiated by the Applicant. The court distinguished the present case from Grancy and Visser, noting that those cases involved exceptional circumstances and multiple proven acts of malfeasance. However,…

  • Delinquent Director
  • Removal Of Director
  • Fiduciary Duties
  • Section 162 Companies Act
  • Shareholder Rights
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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.