South Africa Case Law

Van der Walt and Others v Magistrate of the District Court Hoopstad and Others (2845/2018)

Van der Walt and Others v Magistrate of the District Court Hoopstad and Others (2845/2018) [2019] ZAFSHC 165 (13 September 2019)

Court

Free State High Court, Bloemfontein

Case number

2845/2018

Judges

L.B.J. Moeng, N.M. Mbhele

Review of a section 152 insolvency enquiry failed; the court upheld the Master’s subpoenas, the magistrate’s exclusion of counsel for conflict, and the arrest warrants.

• Insolvency Act Section 152
• Conflict Of Interest
• Review Of Administrative Action
• Fiduciary Duties Of Trustee
• Warrants Of Arrest
• Subpoena Powers

Palmer and Others v Engelbrecht and Others (9543/2009)

Palmer and Others v Engelbrecht and Others (9543/2009) [2010] ZAWCHC 107 (1 January 2010)

Court

Western Cape High Court, Cape Town

Case number

9543/2009

Judge

Matojane

The court held that liquidators did not need creditor authority to seek subpoenas, but the magistrate’s warrant order was set aside because the warrants had lapsed.

• Liquidation Enquiry
• Warrants Of Arrest
• Statutory Powers Of Liquidators
• Review Of Magistrate Decision
• Liquidation-enquiry
• Liquidators

Palmer and Others v Engelbreght and Others (9543/2009)

Palmer and Others v Engelbreght and Others (9543/2009) [2010] ZAWCHC 352 (1 January 2010)

Court

Western Cape High Court, Cape Town

Case number

9543/2009

Judge

Matojane

The court found that the liquidators acted within their statutory powers under the Companies Act when requesting subpoenas for the interrogation of the applicants. The magistrate was entitled to issue the subpoenas and, upon non-attendance, authorize warrants of arrest in terms of the Insolvency Act. The liquidators did not require a mandate from creditors to exercise these powers. The warrants of arrest, although authorized, were never issued and had lapsed as the relevant meeting had already taken place. The relief sought against the liquidators was not competent, and there was no basis for…

Source excerpt

• Liquidation Enquiry
• Warrants Of Arrest
• Statutory Powers Of Liquidators
• Review Of Magistrate Decision
• Costs De Bonis Propriis

S v De Vries and Others (67/2005)

S v De Vries and Others (67/2005) [2008] ZAWCHC 38; 2009 (1) SACR 613 (C) (11 June 2008)

Court

Western Cape High Court, Cape Town

Case number

67/2005

Judge

LJ Bozalek

High Court ruling on admissibility of cell phone records, arrest warrants, and searches in a multi-accused robbery case; subpoenas were excluded, seized items admitted.

• Admissibility Of Evidence
• Search And Seizure
• Warrants Of Arrest
• Right To Privacy
• Section 205 Subpoena
• Constitutional Exclusion Rule

Nyoni and Another v Minister of Justice and Constitutional Development and Others (868/2006)

Nyoni and Another v Minister of Justice and Constitutional Development and Others (868/2006) [2006] ZANWHC 47 (6 July 2006)

Court

North West High Court, Mafikeng

Case number

868/2006

Judge

M.T.R. Mogoeng

The High Court dismissed an urgent bid to set aside arrest and detention warrants in an extradition matter, holding that the applicants were lawfully held.

• Extradition Act
• Arrest Without Warrant
• Urgent Interdict
• Warrants Of Arrest
• Detention Pending Extradition
• Extradition