South Africa Case Law

Coca Cola Beverages South Africa (Pty) Ltd v Competition Commission of South Africa and Others (247/CAC/Jul23)

Coca Cola Beverages South Africa (Pty) Ltd v Competition Commission of South Africa and Others (247/CAC/Jul23) [2024] ZACAC 4 (7 October 2024)

Court

Competition Appeal Court

Case number

247/CAC/Jul23

Judges

Manoim JP, Nuku JA, Poyo Dlwati AJA

The Competition Appeal Court refused to transfer a review from the Competition Tribunal, holding there was no statutory or constitutional power to do so.

• Jurisdiction Of Competition Tribunal
• Transfer Of Proceedings
• Statutory Review
• Section 173 Inherent Powers
• Excessive Pricing
• Non Referral Decisions

Jones and Others v Hendrik Frederick Delport and Others (2023/082594)

Jones and Others v Hendrik Frederick Delport and Others (2023/082594) [2024] ZAGPPHC 833; 2025 (2) SA 193 (GP) (28 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/082594

Judge

H F Oosthuizen

The court found that the applicants' conduct in supporting the removal of certain directors in a related company was not performed in their capacity as directors of the respondent companies and therefore could not constitute neglect or dereliction under section 71(3)(b) of the Companies Act. There was no evidence that the applicants used their positions as directors to benefit Mr Coetzee or to undermine legal action against him. The allegations against the applicants were speculative and unsupported by facts. The applicants did not breach their duties under section 76(2)(a), 76(3)(b), or 76(3…

Source excerpt

• Removal Of Directors
• Companies Act Section 71
• Board Powers
• Statutory Review
• Director Duties

Bulk Brick Supplies Property (Pty) Ltd v South African Board for Sheriffs (3249/2021)

Bulk Brick Supplies Property (Pty) Ltd v South African Board for Sheriffs (3249/2021) [2022] ZAECMKHC 104 (22 November 2022)

Court

Eastern Cape High Court, Makhanda

Case number

3249/2021

Judge

JE Smith

The High Court reviewed and set aside the Board for Sheriffs’ repudiation of a fidelity fund claim, finding the claim timeous and the decision irrational.

• Promotion Of Administrative Justice Act
• Statutory Review
• Fidelity Fund Claims
• Ulterior Purpose
• Irrationality
• Costs Punitive

MGG Productions (Pty) Ltd v Ramodike NO and Others (38218/2018)

MGG Productions (Pty) Ltd v Ramodike NO and Others (38218/2018) [2020] ZAGPJHC 4; 2021 (4) SA 543 (GJ) (16 January 2020)

Court

South Gauteng High Court, Johannesburg

Case number

38218/2018

Judge

DE Villiers

The court found that the Master’s decision to disregard the set-off was arbitrary and unsupported by adequate reasons. Upon reconsideration of the facts, the court held that the set-off was effected in the ordinary course of business. The reciprocal debts arose from legitimate transactions, were market-related, and the set-off was a common business practice. There was no evidence of collusion, fraud, or substantial disturbance to the distribution of the insolvent estate’s assets. The change from 90-day credit to cash on delivery and the wiping of the slate were normal commercial responses to…

Source excerpt

• Insolvency Act Section 46
• Set Off
• Review Of Master Decision
• Ordinary Course Of Business
• Statutory Review

S v Fullard (12/2010_)

S v Fullard (12/2010_) [2010] ZAWCHC 38 (12 March 2010)

Court

Western Cape High Court, Cape Town

Case number

12/2010

Judges

A M de Swardt, L J Bozalek

Automatic review of a magistrate’s drug-dependency order confirmed, but the High Court condemned a nearly four-year delay in the investigation.

• Drug Dependence Treatment
• Delay In Administration Of Justice
• Statutory Review
• Rehabilitation Orders
• Drug-dependence-treatment
• Automatic-review