Roering NO and Another v Mahlangu and Others (581/2015)
Roering NO and Another v Mahlangu and Others (581/2015) [2016] ZASCA 79; [2016] 3 All SA 466 (SCA); 2016 (5) SA 455 (SCA) (30 May 2016)
The Supreme Court of Appeal held that the summons issued to Ms Mahlangu to attend the liquidation enquiry did not constitute an abuse of process. The liquidators had legitimate reasons to seek her testimony, as she possessed relevant information regarding the Department's dealings with 3P Consulting, which was the principal asset of the company in liquidation. The overlap between the issues canvassed at the enquiry and those in pending litigation was not, by itself, sufficient to infer abuse. The statutory purpose of the enquiry under ss 417 and 418 of the Companies Act 61 of 1973 includes en…
Source excerpt
- Liquidation Enquiry
- Abuse Of Process
- Summons To Attend
- Companies Act 1973
- Review Of Commissioner Decision