South Africa Case Law

Vilakazi and Others v MEC responsible for Economic Development, Gauteng and Another

Vilakazi and Others v MEC responsible for Economic Development, Gauteng and Another [2023] ZAGPPHC 369; 2023-032601 (18 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-032601

Judge

Nyathi

The court found that the MEC's decision to dissolve the board and terminate the applicants' directorships was procedurally and substantively flawed. The MEC failed to obtain a shareholder's resolution as required by section 71 of the Companies Act, did not provide adequate opportunity for the applicants to make representations, and ignored the dispute resolution mechanism in the shareholder compact. The reasons advanced by the MEC for the dissolution were vague, inconsistent, and suggestive of ulterior motives, particularly the desire to appoint a predetermined candidate as CEO. The court dis…

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• Board Dissolution
• Ulterior Motive
• Interim Interdict
• Corporate Governance
• Removal Of Directors
• Public Power Abuse

Smit v Sofa Planet CC and Others (4424 / 2022)

Smit v Sofa Planet CC and Others (4424 / 2022) [2023] ZAWCHC 1 (17 January 2023)

Court

Western Cape High Court, Cape Town

Case number

4424 / 2022

Judge

Binns-Ward

The High Court dismissed a provisional liquidation application, finding the sole member-creditor’s bid was driven by ulterior motives and lacked a genuine concursus advantage.

• Winding Up Of Close Corporation
• Ulterior Motive
• Fiduciary Duties Of Member
• Concursus Creditorum
• Loan Repayment
• Abuse Of Process

Heyneke v Umhlatuze Municipality (D908/09)

Heyneke v Umhlatuze Municipality (D908/09) [2010] ZALC 57; (2010) 31 ILJ 2608 (LC) (24 March 2010)

Court

Labour Court

Case number

D908/09

Judge

Pillay D

The court found that the municipality's decision to place the applicant on special leave was unlawful, as it was imposed without his consent and not at his instance, contrary to the employment contract, legislation, and policy. The special leave was a façade for a precautionary suspension pending disciplinary proceedings, motivated by bad faith and ulterior purpose. The municipality failed to apply its mind, acted unreasonably, irrationally, and disproportionately, and did not justify the necessity of the special leave or the investigation. The court held that the special leave prejudiced bot…

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• Special Leave
• Ulterior Motive
• Bad Faith
• Municipal Manager Employment
• Breach Of Contract
• Principle Of Legality

Godongwana and Others v Pillay, J. and Others (1989/2008)

Godongwana and Others v Pillay, J. and Others (1989/2008) [2009] ZAECGHC 29 (18 May 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

1989/2008

Judge

Chetty

The court found that the Commission of Inquiry's term expired on 30 September 2006, or at the latest 31 December 2006, and no valid proclamation extended its existence beyond that date. The report was delivered after the Commission had ceased to exist, rendering it a nullity and liable to be set aside under section 6(2)(a)(i) of PAJA. The report contained serious allegations against the applicants, and they were not given notice or an opportunity to respond, breaching their right to procedural fairness as required by PAJA. The court accepted that the report constituted administrative action a…

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• Commission Of Inquiry
• Procedural Fairness
• Jurisdiction Of Administrative Body
• Review Of Administrative Action
• Ulterior Motive
• Costs Order

Russel v Minister of Safety and Security (963/07)

Russel v Minister of Safety and Security (963/07) [2008] ZAECHC 161 (19 September 2008)

Court

High Courts - Eastern Cape

Case number

963/07

Judge

Chetty

The High Court held that the plaintiff’s arrest and detention were unlawful because the officer lacked reasonable suspicion and acted with ulterior motive.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Absence Of Reasonable Suspicion
• Ulterior Motive
• Unlawful-arrest

Saloojee v McKenzie NO and Others (C295/04)

Saloojee v McKenzie NO and Others (C295/04) [2005] ZALC 43; (2005) 26 ILJ 330 (LC); [2005] 3 BLLR 285 (LC) (28 January 2005)

Court

Labour Court

Case number

C295/04

Judge

Ngcamu

The Labour Court set aside the transfer of the ICD Western Cape head, finding it was a disguised sanction, not a public-interest transfer.

• Unfair Labour Practice
• Public Service Transfer
• Ulterior Motive
• Disciplinary Procedure
• Section 14 Public Service Act
• Unfair-labour-practice