South Africa Case Law

Trustees for the time being of the Hunter Family Trust v Duin-En-See (Pty) Ltd and Others (5035/2017)

Trustees for the time being of the Hunter Family Trust v Duin-En-See (Pty) Ltd and Others (5035/2017) [2022] ZAWCHC 141; [2022] 4 All SA 260 (WCC) (26 July 2022)

Court

Western Cape High Court, Cape Town

Case number

5035/2017

Judge

Binns-Ward

The court dismissed exceptions to a claim based on a share block scheme, holding the pleaded facts could support statutory and contractual rights over the property.

• Share Block Schemes
• Declaratory Relief
• Formalities In Sale Of Land
• Alienation Of Land Act
• Shareholders Agreement
• Share-block-schemes

La Lucia Sands Share Block Ltd and Others v Barkhan and Others (37/2010)

La Lucia Sands Share Block Ltd and Others v Barkhan and Others (37/2010) [2010] ZASCA 132; 2010 (6) SA 421 (SCA) ; [2011] 2 All SA 26 (SCA) (1 October 2010)

Court

Supreme Court of Appeal

Case number

37/2010

Judges

NAVSA, MAYA, BOSIELO, SHONGWE, K PILLAY

The Supreme Court of Appeal held that section 113 of the Companies Act provides a clear statutory right for any person, including non-members, to inspect and obtain copies of a company's register of members. The company cannot require the requester to provide reasons, and the right is not limited unless the request is for an unlawful purpose, which was not established in this case. The argument that share block schemes deserve greater privacy protection was rejected, as the statutory provisions apply equally. The constitutional challenge to section 113 was abandoned, and the court reaffirmed…

Source excerpt

• Register Of Members Inspection
• Companies Act Section 113
• Share Block Schemes
• Right Of Access To Information
• Constitutional Right To Privacy
• Costs In Constitutional Litigation

Van Staden v Fourie (36/89)

Van Staden v Fourie (36/89) [1989] ZASCA 36; [1989] 2 All SA 329 (A) (30 March 1989)

Court

Supreme Court of Appeal

Case number

36/89

Judges

CORBETT HR, E M GROSSKOPF, VIVIER, KUMLEBEN, EKSTEEN

The court held that a share block contract fell under the statute, causing partial prescription of repayment claims and allowing reasonable-use compensation beyond rent-control limits.

• Share Block Schemes
• Statutory Formalities
• Condictio Indebiti
• Prescription
• Reasonable Use Compensation
• Share-block-schemes