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South Africa Case Law

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Commercial And Corporate [2021] ZAGPJHC 525

Brikor Limited and Another v Parkin N.O. and Others (11622/2020)

Brikor Limited and Another v Parkin N.O. and Others (11622/2020) [2021] ZAGPJHC 525 (4 March 2021)

The High Court postponed a shareholder-meeting challenge so it could be heard with a later related application, finding the matters were inter-related and no substantial prejudice was shown.

  • Companies Act Section 61
  • Shareholder Meetings
  • Director Removal
  • Postponement Of Proceedings
  • Companies-act
  • Shareholder-meetings
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Commercial And Corporate [2017] ZAGPJHC 324

CDH Invest NV v Petrotank South Africa (Pty) Ltd and Another (22312/2015)

CDH Invest NV v Petrotank South Africa (Pty) Ltd and Another (22312/2015) [2017] ZAGPJHC 324; [2018] 1 All SA 450 (GJ); 2018 (3) SA 157 (GJ) (17 November 2017)

High Court case on board power to increase authorised shares, shareholder meeting demands, and oppression in a two-shareholder company. The share increase was set aside.

  • Companies Act 71 Of 2008
  • Board Powers
  • Share Capital Increase
  • Fiduciary Duties
  • Oppression Remedy
  • Shareholder Meetings
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Commercial And Corporate [2016] ZAECPEHC 15

Justpoint Nominees (Pty) Ltd and Others v Sovereign Food Investments Limited and Others (BNS Nominees (Pty) Ltd and Others (878/16)

Justpoint Nominees (Pty) Ltd and Others v Sovereign Food Investments Limited and Others (BNS Nominees (Pty) Ltd and Others (878/16) [2016] ZAECPEHC 15 (26 April 2016)

The court held that Sovereign’s appraisal-right condition precedent was not fulfilled or waived, so the scheme never became operative and dissenting shareholders remained entitled to vote.

  • Companies Act 71 Of 2008
  • Appraisal Rights
  • Shareholder Meetings
  • Oppressive Conduct
  • Section 65 Clarity
  • Minority Shareholder Protection
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Commercial And Corporate [2015] ZAGPPHC 1063

Du Plessis v Clearwater Estates NPC and Others (82306/2014)

Du Plessis v Clearwater Estates NPC and Others (82306/2014) [2015] ZAGPPHC 1063 (13 November 2015)

The High Court held that section 58(1) of the Companies Act is unalterable, so the company’s memorandum could not bar late proxy filings. The application failed.

  • Memorandum Of Incorporation
  • Proxy Rights
  • Companies Act Interpretation
  • Shareholder Meetings
  • Proxy-rights
  • Memorandum-of-incorporation
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Commercial And Corporate [2014] ZANCHC 26

NC Housing Services and Development Company v Matshoba and Others (1577/2012)

NC Housing Services and Development Company v Matshoba and Others (1577/2012) [2014] ZANCHC 26 (8 August 2014)

The High Court dismissed an urgent company application after finding the board resolutions authorizing it were invalid because the chairman was excluded from notice.

  • Company Directors Powers
  • Shareholder Meetings
  • Board Resolutions
  • Ultra Vires Acts
  • Costs Awards
  • Company-law
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Commercial And Corporate [2013] ZAGPJHC 40

Van Zyl v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (43825/2012)

Van Zyl v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (43825/2012) [2013] ZAGPJHC 40 (13 March 2013)

The court found that the notices convening meetings were procedurally defective and unlawful, as they were issued by individuals rather than the board of directors, contrary to the Companies Act. The interdict granted by the Bophuthatswana High Court remained valid and enforceable, precluding the respondents from exercising voting rights and calling meetings. The purported agreement to relax the interdict was ineffective, as it excluded the applicant and could not override a valid court order. The applicant's conduct in challenging the notices and meetings was a legitimate assertion of rights…

  • Shareholder Meetings
  • Interdict
  • Companies Act 71 Of 2008
  • Procedural Irregularity
  • Director Removal
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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.