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South Africa Case Law

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Criminal Law [2024] ZASCA 113

Nyhonyha N O and Others v NDPP (972/2022; 973/2022; 974/2022)

Nyhonyha N O and Others v NDPP (972/2022; 973/2022; 974/2022) [2024] ZASCA 113; [2024] 3 All SA 706 (SCA); 2024 (2) SACR 358 (SCA) (16 July 2024)

Court
Supreme Court of Appeal
Case number
972/2022; 973/2022; 974/2022
Judges
Nicholls, Weiner, Molefe, Coppin, Smith

The Supreme Court of Appeal held that the appellants, including family trusts and subsidiaries, hold realisable property on behalf of the defendants within the meaning of section 14(1) of POCA. The court found that the evidence established that Mr Nyhonyha and Mr Pillay exercised control over the assets of the trusts and subsidiaries, were the real beneficiaries, and treated the assets as their own. Substantial interest-free loans and control over shareholdings demonstrated that the trusts' assets were used for the defendants' benefit. The court rejected the narrow interpretation advanced by…

Source excerpt

  • Prevention Of Organised Crime Act
  • Restraint Order
  • Realisable Property
  • Trusts And Corporate Veil
  • Confiscation Order
  • Beneficial Ownership
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Commercial And Corporate [2020] ZAWCHC 174

Cooper NO and Another v Myburgh and Others (9040/2019)

Cooper NO and Another v Myburgh and Others (9040/2019) [2020] ZAWCHC 174; [2021] 2 All SA 114 (WCC) (4 December 2020)

Court
Western Cape High Court, Cape Town
Case number
9040/2019
Judge
A.G. Binns-Ward

The court found that Sean Billy Myburgh, as sole director and effective controller of CPT to Cairo Transport (Pty) Ltd, orchestrated the disposal of all company assets to related entities on terms that were manifestly prejudicial to creditors, including extended payment holidays and set-off arrangements that delayed or denied recovery. Myburgh's conduct, even if claimed to be based on legal advice, was so grossly unreasonable as to constitute recklessness under section 424(1) of the Companies Act. The trustees of the Trust, while authorising the asset disposal, acted as mere rubber stamps for…

Source excerpt

  • Reckless Trading
  • Personal Liability Of Directors
  • Liquidation Proceedings
  • Trusts And Corporate Veil
  • Section 424 Companies Act
  • Creditor Protection
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.