South Africa Case Law

Valhalla Fishing Enterprises (Pty) Ltd v Bluefin Holdings (Pty) Ltd and Another (2025/069955)

Valhalla Fishing Enterprises (Pty) Ltd v Bluefin Holdings (Pty) Ltd and Another (2025/069955) [2025] ZAWCHC 295 (16 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/069955

Judge

S C O'Brien

Urgent application struck from the roll for lack of urgency and failure to comply with arbitration clauses; the respondent’s affidavit remained valid despite a commissioning defect.

• Shareholders Agreement
• Urgent Application
• Arbitration Clause
• Substantial Compliance
• Commissioning Of Affidavits
• Urgent-application

Malunga and Another v Sanqela (A93/2024)

Malunga and Another v Sanqela (A93/2024) [2025] ZAWCHC 133; [2025] 3 All SA 173 (WCC) (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A93/2024

Judges

Allie, Da Silva-Salie, Holderness

The court held that the agreement constituted an alienation of shares as envisaged by section 15(2)(c) of the Matrimonial Property Act, as the option to purchase shares had been exercised and the agreement was binding. The respondent, Ms Sanqela, or her attorney, failed to make reasonable enquiries regarding the marital regime and spousal consent, as required by section 15(9)(a). The failure to discharge this duty meant that the protection of deemed consent was not available. The agreement was not entered into in the ordinary course of business, and ministerial approval for transfer of fishin…

Source excerpt

• Shareholders Agreement
• Matrimonial Property Act
• Spousal Consent
• Option Contract
• Ministerial Approval
• Enforceability Of Contract

Redpath Africa Limited v Siyakhula Sonke Empowerment Corporation Proprietary Limited and Others (2021/55896)

Redpath Africa Limited v Siyakhula Sonke Empowerment Corporation Proprietary Limited and Others (2021/55896) [2025] ZAGPJHC 620 (20 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/55896

Judge

Senyatsi

The High Court found that SSC repudiated the shareholders agreement and that Redpath was entitled to cancel it after non-payment and stakeholder letters.

• Repudiation Of Contract
• Shareholders Agreement
• Specific Performance
• Breach Of Contract
• Declaratory Relief
• Repudiation-of-contract

White v Fluorovizion Holdings (Pty) Limited (048096/2022)

White v Fluorovizion Holdings (Pty) Limited (048096/2022) [2024] ZAGPJHC 1073 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

048096/2022

Judge

Den Hartog

The High Court rescinded a default judgment after finding the defendant had disclosed a bona fide defence, despite questionable default, in a share-sale dispute.

• Rescission Of Judgment
• Oral Agreement
• Shareholders Agreement
• Conditions Precedent
• Triable Issue
• Rescission-of-judgment

Xeon Holdings (Pty) Ltd v Public Investment Corporation SOC Limited and Others (2024/101102)

Xeon Holdings (Pty) Ltd v Public Investment Corporation SOC Limited and Others (2024/101102) [2024] ZAGPPHC 945 (27 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/101102

Judge

Neukircher

The High Court struck Xeon’s urgent application from the roll, finding the alleged urgency self-created and unsupported, and awarded respondents their costs.

• Interim Interdict
• Shareholders Agreement
• Pre Emptive Rights
• Urgency
• Commercial Dispute
• Interim-interdict

Mawerco (Pty) Ltd v Sithole and Others (322/2023)

Mawerco (Pty) Ltd v Sithole and Others (322/2023) [2024] ZASCA 91 (10 June 2024)

Court

Supreme Court of Appeal

Case number

322/2023

Judges

Ponnan, Matojane, Kgoele, Dawood, Baartman

The SCA held that declaratory relief could not replace a review of the Association’s resolution removing shareholder-appointed directors.

• Removal Of Directors
• Shareholders Agreement
• Declaratory Relief
• Rule 53 Review
• Companies Act
• Board Resolutions

Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd (51107/2021)

Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd (51107/2021) [2024] ZAGPJHC 288 (8 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

51107/2021

Judge

Senyatsi

The High Court ordered security for costs, finding the underlying action vexatious and frivolous and staying the proceedings until security is furnished.

• Security For Costs
• Vexatious Litigation
• Abuse Of Process
• Shareholders Agreement
• Broad Based Black Economic Empowerment
• Promotion Of Equality And Prevention Of Unfair Discrimination Act

Reckmann v Mabundla N.O. and Others (22734/2022)

Reckmann v Mabundla N.O. and Others (22734/2022) [2024] ZAGPJHC 370 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22734/2022

Judge

Francis

The High Court held that the shareholders agreement provided for expert determination, not arbitration, and dismissed a review of the expert’s rulings.

• Shareholders Agreement
• Expert Determination
• Arbitration Vs Expert
• Striking Out Defence
• Removal Of Expert
• Enforcement Of Expert Award

Emlink (Pty) Ltd and Others v Mathee and Others (2023-103550)

Emlink (Pty) Ltd and Others v Mathee and Others (2023-103550) [2023] ZAGPJHC 1242 (1 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-103550

Judge

Adams

Urgent interdict enforcing restraint of trade and confidentiality undertakings against former business associates who allegedly solicited clients and diverted freight work.

• Restraint Of Trade
• Confidential Information
• Shareholders Agreement
• Unlawful Competition
• Interdictory Relief
• Restraint-of-trade

BDO Corporate Finance (Pty) Ltd and Another v BDO Tax Services Ltd and Others (2023-04186)

BDO Corporate Finance (Pty) Ltd and Another v BDO Tax Services Ltd and Others (2023-04186) [2023] ZAGPJHC 1232 (30 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-04186

Judge

Adams

Urgent interim interdict granted pending arbitration to preserve BDO Corporate Finance’s use of the BDO brand, systems and support services.

• Shareholders Agreement
• Interim Interdict
• Specific Performance
• Urgent Relief
• Breach Of Contract
• Urgent-interdict