South Africa Case Law

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872)

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872) [2025] ZAGPJHC 597 (12 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/035872

Judge

Stylianou

The High Court granted judgment for the unpaid loan balance and allowed perfection of security under a special notarial covering bond after rejecting the respondents’ winding-up objections.

• Loan Agreement Breach
• Special Notarial Covering Bond
• Perfection Of Security
• Voluntary Winding Up
• Insolvency Procedure
• Special-notarial-covering-bond

Biccard N.O and Others v Ndwandwe and Others (2023-033422)

Biccard N.O and Others v Ndwandwe and Others (2023-033422) [2024] ZAGPPHC 813 (19 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-033422

Judge

E van der Schyff

The High Court dismissed an application to set aside a company’s voluntary winding up, finding the challenge rested on disputed hearsay and was brought too late.

• Voluntary Winding Up
• Shareholder Meeting Irregularity
• Companies Act 1973
• Setting Aside Liquidation
• Costs Award
• Voluntary-winding-up

Sibanda and Another v Transhunt (PTY) Ltd and Others (2022/13229)

Sibanda and Another v Transhunt (PTY) Ltd and Others (2022/13229) [2022] ZAGPJHC 488 (29 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/13229

Judge

Manoim

The High Court dismissed an urgent application to place Transhunt in business rescue, finding no reasonable prospect of rescue and no better result than liquidation.

• Business Rescue
• Voluntary Winding Up
• Affected Person Status
• Conflict Of Interest
• Creditor Vs Shareholder Rights
• Business-rescue

Murray and Others NNO v African Global Holdings (Pty) Ltd and Others (306/2019)

Murray and Others NNO v African Global Holdings (Pty) Ltd and Others (306/2019) [2019] ZASCA 152; [2020] 1 All SA 64 (SCA); 2020 (2) SA 93 (SCA) (22 November 2019)

Court

Supreme Court of Appeal

Case number

306/2019

Judges

Wallis, Mokgohloa, Plasket, Nicholls, Gorven

The Supreme Court of Appeal found that the companies in question were commercially insolvent at the time the resolutions for voluntary winding-up were passed. The evidence showed that the withdrawal of banking facilities rendered the companies unable to pay their debts and continue trading, satisfying the test for commercial insolvency. Consequently, the winding-up was valid under the Companies Act 61 of 1973, not the 2008 Act. The appointment of the liquidators by the Master in Pretoria was valid, as the Master at the main seat has jurisdiction throughout Gauteng, including Johannesburg. The…

Source excerpt

• Voluntary Winding Up
• Commercial Insolvency
• Appointment Of Liquidators
• Personal Costs Orders
• Jurisdiction Of Master
• Creditors Voluntary Winding Up

Furniture Bargaining Council v AXZS Industries (Pty) Ltd Trading as Don Elly Enterprises (2018/40163)

Furniture Bargaining Council v AXZS Industries (Pty) Ltd Trading as Don Elly Enterprises (2018/40163) [2019] ZAGPJHC 457; [2020] 1 All SA 391 (GJ); 2020 (2) SA 215 (GJ) (11 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2018/40163

Judge

P.N. Levenberg

The court held that the commencement of a voluntary winding-up after the initiation of a compulsory winding-up application does not prevent the court from granting a compulsory winding-up order. The compulsory winding-up is deemed to have commenced at the date of the application, and any subsequent voluntary winding-up is ineffective and void. The Respondent's conduct in commencing a voluntary winding-up was found to be an abuse of process intended to frustrate the compulsory winding-up and avoid investigation into possible wrongdoing. The court found the Respondent to be commercially insolve…

Source excerpt

• Compulsory Winding Up
• Voluntary Winding Up
• Collective Bargaining Agreement
• Company Insolvency
• Abuse Of Process

Swart v Heine and Others (3754/2014)

Swart v Heine and Others (3754/2014) [2014] ZAGPPHC 1050 (25 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

3754/2014

Judge

C Pretorius

The High Court dismissed an application to rescind an ex parte order allowing a company enquiry, holding the order was not erroneously granted.

• Companies Act 1973
• Voluntary Winding Up
• Commission Of Enquiry
• Rescission Of Order
• Audi Alteram Partem
• Costs Order

National Union of Leather Workers v Barnard NO and another (DA14/00)

National Union of Leather Workers v Barnard NO and another (DA14/00) [2000] ZALAC 6; 2001 (4) SA 1261 (LAC); (2001) 22 ILJ 2290 (LAC); [2001] 9 BLLR 1002 (LAC) (24 April 2000)

Court

Labour Appeal Court

Case number

DA14/00

Judge

Davis

The Labour Appeal Court held that a shareholders’ decision to voluntarily wind up a company can amount to dismissal under section 186(a) of the LRA.

• Dismissal Definition
• Voluntary Winding Up
• Termination By Operation Of Law
• Section 186 Lra
• Section 38 Insolvency Act
• Dismissal-definition