26 judgments on file that touch business rescue, newest first, each with the court's own file.
| Handed down | Judgment | Court |
|---|---|---|
| 7 Oct 2026 | Salungano Group Ltd v Mashwayi Projects (Pty) Ltd and Others; Ndalamo Coal (Pty) Ltd v Mashwayi Projects (Pty) Ltd and Others[2026] ZACC 38 · Companies Act 71 of 2008 — sections 152 and 153 — business rescue proceedings — voting rights — post-commencement creditors Interpretation —... | Constitutional Court |
| 23 Sep 2026 | Capitec v Ubuntu Family Health Centre Grayston (Pty) Ltd[2026] ZASCA 123 · Company law – general moratorium in s 133 of the Companies Act of 2008 (the Act) – no application to vindicatory proceedings – for return of... | Supreme Court of Appeal |
| 25 Aug 2026 | Kalagadi Manganese (Pty) Limited & Others v Industrial Development Corporation of SA Limited & Others[2026] ZASCA 111 · Refusal of leave to appeal – reconsideration in terms of s 17(2)(f) of the Superior Courts Act – whether exceptional circumstances in the fo... | Supreme Court of Appeal |
| 3 Jul 2026 | MEC for Economic Development, Environment, Agriculture and Rural Development (Gauteng) and Another v Phumelela Gaming and Leisure Limited and Another[2026] ZASCA 97 · Appeal noted – whether appeal has lapsed – application for condonation and reinstatement of appeal – whether adequate or any explanation was... | Supreme Court of Appeal |
| 24 Feb 2026 | Africa Agriculture and Trade Investment Fund v Vienings[2026] ZASCA 19 · Company Law – Companies Act of 1973 – whether conduct of business rescue practitioner constituted recklessness within the meaning of s 424(1... | Supreme Court of Appeal |
| 3 Sep 2025 | Knoop N O and Another v Islandsite Investments 180 (Pty) Ltd and Others (260/2024); Islandsite Investments 180 (Pty) Ltd and Another v Knoop N O and Others[2025] ZASCA 125 | Supreme Court of Appeal |
| 30 May 2025 | Industrial Development Corporation of South Africa Limited and Another v Kalagadi Manganese (Pty) Ltd[2025] ZASCA 70 · Law of Contract – international arbitration agreement − disputes arising out of or in connection with the agreement – must be resolved throu... | Supreme Court of Appeal |
| 12 May 2025 | Henque 3935 CC t/a PQ Clothing Outlet v Commissioner for the South African Revenue Service[2025] ZASCA 56 · Company in business rescue – whether tax liability arising from additional assessment raised by Commissioner for South African Revenue Servi... | Supreme Court of Appeal |
| 29 Jan 2025 | Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (11572023)[2025] ZASCA 5 · Company law – Companies Act of 2008 (the Act) – Chapter thereof – business rescue – whether post commencement creditors excluded from voting... | Supreme Court of Appeal |
| 20 Dec 2024 | Macneil Plastics (Pty) Ltd v Van den Heever N O and Others[2024] ZASCA 181 · Liquidation – Company placed in liquidation due to inability to pay its debts – payment made by company to its creditor after the commenceme... | Supreme Court of Appeal |
| 22 Mar 2024 | Standard Bank of South Africa Limited v Swartz and Others[2024] ZASCA 28 · Practice and procedure – application for business rescue – no leave given to intervene and bring such application – no application before co... | Supreme Court of Appeal |
| 29 Jan 2024 | Ergomode (Pty) Ltd v Jordaan NO and Others[2024] ZASCA 10 · Business rescue – s 133 of the Companies Act of 2008 – moratorium on legal proceedings against company in business rescue – landlord’s hypot... | Supreme Court of Appeal |
| 1 Dec 2023 | Islandsite Investments 180 (Pty) Ltd v National Director of Public Prosecutions and Others[2023] ZASCA 166 · Company Law –– restraint order under the Prevention of Organised Crime Act 121 of 1998 – authority to represent company in business rescue –... | Supreme Court of Appeal |
| 28 Nov 2023 | Ciba Packaging (Pty) Ltd t/a Cibapac v Timelink Cargo (Pty) Ltd[2023] ZASCA 161 · Civil procedure – appealability of dismissal of an exception – restatement of principles. | Supreme Court of Appeal |
| 30 Oct 2023 | Knoop NO and Others v National Director of Public Prosecutions (Case nos 657/2022 and 694/2022)[2023] ZASCA 141 · Prevention of Organised Crime Act 121 of 1998 (POCA) – asset forfeiture – preservation of property order – Companies Act 71 0f 2008 (Compani... | Supreme Court of Appeal |
| 28 Apr 2023 | Louis N O and Others v Fenwick N O and Others (5982021)[2023] ZASCA 59 · Company law – business rescue – binding offer in terms of s 153(1)(b)(ii) of the Companies Act of 2008 rejected – consequences of – interpre... | Supreme Court of Appeal |
| 13 Oct 2022 | Southern Sky Hotel and Leisure (Pty) Ltd and Others v Southern Sky Food Enterprises (Pty) Ltd[2022] ZASCA 134 · Whether agreement concluded by liquidators for the sale of the property of a company in liquidation is invalid by virtue of the provisions o... | Supreme Court of Appeal |
| 13 Oct 2022 | Mazars Recovery & Restructuring (Pty) Ltd and Others v Montic Dairy (Pty) Ltd (in liquidation) and Others[2022] ZASCA 135 · Company Law – business rescue – whether payments made to the business rescue practitioners after the conversion of business rescue proceedin... | Supreme Court of Appeal |
| 9 Nov 2021 | Shiva Uranium (Proprietary) Limited and Another v Mahomed Mahier Tayob and Others[2021] ZACC 40 · Companies Act 71 of 2008 — business rescue — practitioner appointed in terms of section 130(6)(a) — resignation — section 139(3) — company t... | Constitutional Court |
| 3 Jun 2021 | Van Zyl v Auto Commodities (Pty) Ltd[2021] ZASCA 67 · Business rescue – effect on liability of surety – interpretation of s 154 of Companies Act of 2008 – deed of suretyship – interpretation – l... | Supreme Court of Appeal |
| 13 Apr 2021 | Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd[2021] ZASCA 43 · Business rescue – s 133 of the Companies Act of 2008 (the Act) – moratorium on legal proceedings against company in business rescue – sale o... | Supreme Court of Appeal |
| 24 Dec 2020 | Gent and Another v Du Plessis[2020] ZASCA 184 · Civil procedure – in the absence of a cross-appeal respondent not entitled to variation of the order of the court below. Company law – secti... | Supreme Court of Appeal |
| 3 Dec 2020 | Zungu-Elgin Engineering (Pty) Ltd v Jeany Industrial Holdings (Pty) Ltd and Others[2020] ZASCA 160 · Suretyship – at common law a surety’s right of recourse arises upon payment to creditor – s 154(2) of the Companies Act of 2008 does not alt... | Supreme Court of Appeal |
| 29 Nov 2018 | Diener NO v Minister of Justice and Others[2018] ZACC 48 · Companies Act – Chapter 6 – sections 135(4) and 143(5) – business rescue proceedings – interpretation – during liquidation – super preferenc... | Constitutional Court |
| 29 Sep 2017 | 195.7 KB Application to set aside business rescue proceedings – creditors have direct and substantial interests – non-joinder of creditors is fatal to the relief sought in the application. Uys & another v Msiza & others[2017] ZASCA 130 · Land – Land Reform – calculation of just and equitable compensation to owner for land awarded to labour tenant – proper evaluation of factor... | Supreme Court of Appeal |
| 26 Apr 2017 | 288.08 KB No Summary FirstRand Bank Ltd v KJ Foods CC (In business rescue)[2015] ZASCA 50 · Companies Act of 2008 : proposed business rescue plan : proper interpretation of section 153(1)(a)(ii) and 153(7) : the determination whethe... | Supreme Court of Appeal |
A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.