South Africa Case Law

Phakwe Mining Services (Pty) Ltd and Others v Member of the Companies Tribunal and Others (75463/16A)

Phakwe Mining Services (Pty) Ltd and Others v Member of the Companies Tribunal and Others (75463/16A) [2018] ZAGPPHC 210 (16 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

75463/16A

Judge

Louw

The High Court held that the Companies Tribunal’s shareholder ruling was provisional, and that the applicants should have used internal remedies before seeking review.

• Companies Act 71 Of 2008
• Shareholder Definition
• Locus Standi
• Internal Remedies
• Securities Register
• Companies-act

Du Plooy N.O and Others v De Hollandsche Molen Share Block Ltd and Another (4308/2015)

Du Plooy N.O and Others v De Hollandsche Molen Share Block Ltd and Another (4308/2015) [2015] ZAWCHC 173; [2016] 1 All SA 748 (WCC); 2017 (3) SA 274 (WCC) (11 November 2015)

Court

Western Cape High Court, Cape Town

Case number

4308/2015

Judge

Davis

The court found that the NJ Du Plooy Trust is the registered owner of the class B – F shares in the first respondent, based on the evidence of share certificates, longstanding recognition by the board, and the transfer of shares to the trust. Ownership of shares does not depend on registration in the securities register, and the absence of a use agreement does not invalidate the transfer, as the relevant articles and statutory provisions relate to formalities rather than conditional restrictions. The court exercised its discretion under section 161 of the Companies Act 2008 to clarify the tru…

Source excerpt

• Share Block Companies Act
• Companies Act 2008
• Shareholder Rights
• Securities Register
• Use Agreement
• Declaratory Relief

Basson v On-Point Engineers (Pty) Ltd and Others (64107/11)

Basson v On-Point Engineers (Pty) Ltd and Others (64107/11) [2012] ZAGPPHC 251 (7 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

64107/11

Judge

Potterill

The court found that the applicants, as third parties, were entitled under section 26(2) of the Companies Act, 71 of 2008, to inspect and make copies of the securities registers of the respondent profit companies upon payment of the prescribed fee. The initial lack of authority by the first applicant to act for the second applicant was ratified ex post facto, rendering the proceedings valid. The technical defects in the commissioning of affidavits were not fatal, as there was substantial compliance with the relevant regulations. The respondents' argument that only the register of directors co…

Source excerpt

• Companies Act 71 Of 2008
• Access To Company Records
• Securities Register
• Ratification Of Authority
• Constitutional Right Of Access To Information
• Costs Order