Your first month for R1 Then your plan price. Cancel any time.
Start free
Case law by topic

Judgments on companies act

55 judgments on file that touch companies act, newest first, each with the court's own file.

Handed downJudgmentCourt
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
29 Sep 2026 Lebra Development (Pty) Ltd and Others v Bester and Others[2026] ZASCA 125 · Civil Procedure – Uniform Rules of Court – non-compliance – rule 49 – explanation for the entire period of the delay – lapse of appeal – app... Supreme Court of Appeal
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
21 Jul 2026 Swanvest 328 (Pty) Ltd and Others v Ensemble Hotel Holdings (Pty) Ltd and Others[2026] ZASCA 101 · Companies Act of 2008 (Companies Act) – oppressive or prejudicial conduct – relief under s 163 of the Companies Act – whether majority share... Supreme Court of Appeal
18 May 2026 Centaur Mining South Africa (Pty) Limited v Sivalutchmee Moodliar N.O. and Others[2026] ZACC 20 Constitutional Court
29 Apr 2026 Blue Label Distribution (Pty) Ltd v St Clair Cooper N O and Others[2026] ZASCA 61 · Companies Act of 1973 – liquidation – whether liquidators can rely on s 341(2) of the Companies Act to reclaim payments – amounts alleged to... Supreme Court of Appeal
9 Apr 2026 Glencore Operations SA (Pty) Ltd and Others v Commissioner for South African Inland Revenue and Another[2026] ZASCA 47 · Revenue – Customs and Excise Act of 1964 (the Act) – diesel fuel concession – entitlement to a refund of diesel fuel levy used for primary p... Supreme Court of Appeal
11 Mar 2026 Nkwe Platinum Limited and Another v Genorah Resources (Pty) Ltd and Others[2026] ZASCA 27 · Company Law – amalgamation agreement between holder of mining right under Mineral and Petroleum Resources Development Act of 2002 (MPRDA) an... 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
4 Feb 2026 G.U.D. Holdings (Pty) Ltd v Companies and Intellectual Property Commission and Others[2026] ZASCA 10 · Company Law – Companies and Intellectual Property Commission (the Commission) - Companies Act of 2008 – Interpretation of s 212 - Claim for... Supreme Court of Appeal
17 Oct 2025 Walker and Another v Schabort Potgieter Attorneys Inc and Others (320/2024 and 368/ 2024)[2025] ZASCA 154 · Claim of a company in liquidation for assets recovered by an attorney – attorney’s duty to account and debatement of accounts-whether s 32(1... 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
30 May 2025 Selective Empowerment Investments 1 Ltd v Companies and Intellectual Property Commission[2025] ZASCA 71 · Public company – grounds for winding-up – failure to comply with statutory requirements of the Companies Act of 2008 (the Act) alternatively... Supreme Court of Appeal
14 May 2025 Steyn and Another v Venter and Others[2025] ZASCA 59 · Prescription Act of 1969 – Close Corporations Act of 1984 – whether claims instituted by the first and second respondents against the appell... Supreme Court of Appeal
14 May 2025 Msibithi Investments (Pty) Ltd and Others v African Legend Investment (Pty) Ltd and Others[2025] ZASCA 61 · Company Law – directors’ resolution – attack on basis of failure to comply with s of Companies Act of 2008 (the Act) – notice given – s comp... 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
31 Mar 2025 Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group[2025] ZASCA 33 · Insolvency law – section 347(5) of the Companies Act of 1973 – whether an appeal court has jurisdiction to grant a final winding-up order, w... Supreme Court of Appeal
28 Mar 2025 Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others[2025] ZASCA 27 · Claim for money payment on application – application of Plascon-Evans rule – Set-off – executory contract – reciprocal obligations – duty of... 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
29 Jan 2025 Equistock Properties 8 (Pty) Ltd and Another v Oosthuizen and Others (7382023 and 7392023)[2025] ZASCA 6 · Civil Procedure – the requirements of a final interdict restated – authority to bring an application not established – personal costs order... Supreme Court of Appeal
24 Dec 2024 Superior Macadamias (Pty) Ltd and Others v Emvest Agricultural Corporation (Mauritius) Ltd and Another[2024] ZASCA 182 · Winding up – locus standi – creditor – failure to prove indebtedness of respondent. Winding up – shareholder – just and equitable – dormant... 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
27 May 2024 Botha N O and Others v Jonker and Others[2024] ZASCA 78 · Liquidation – close corporation – first meeting of creditors and members of close corporation summoned more than one-month after date of fin... Supreme Court of Appeal
24 Apr 2024 Venator Africa (Pty) Ltd v Watts and Another[2024] ZASCA 60 · Company law – exception – s 218(2) read with s 22(1) of the Companies Act of 2008 – allegation that company carried on its business reckless... Supreme Court of Appeal
8 Apr 2024 Organi Mark (Pty) Ltd v Goolam Nabi Ebrahim Akoodie and Another[2024] ZASCA 44 · Whether a South African high court has jurisdiction to consider and determine a claim under s 361 of the Swaziland Companies Act of 2009 aga... Supreme Court of Appeal
4 Apr 2024 Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others[2024] ZASCA 40 · Procedure – application for special leave to appeal in terms of s 16(1)(b) of the Superior Courts Act of 2013 – difference between ‘special... Supreme Court of Appeal
28 Mar 2024 Centaur Mining South Africa (Pty) Ltd v Cloete Murray N O and Others[2024] ZASCA 34 · Rescission in terms of rule 42(1)(a) of the Uniform Rules of Court of default judgment granted under s 20(9) of the Companies Act of 2008 –... Supreme Court of Appeal
26 Mar 2024 Technology Corporate Management (Pty) Ltd and Others v De Sousa and Another[2024] ZASCA 29 · Companies Act of 1973 – s 252 – claim that manner in which the business of the company has been conducted was unfairly prejudicial, inequita... Supreme Court of Appeal
28 Feb 2024 Parry v Dunn-Blatch and Others[2024] ZASCA 19 · Company law – section 163 of the Companies Act of 2008 – whether the applicant established any act or omission having a result that is oppre... Supreme Court of Appeal
6 Feb 2024 Lindsey and Others v Conteh[2024] ZASCA 13 · Private international law – enforceability of foreign judgment – civil procedure – provisional sentence – liquidity. 3 _____________________... 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
1 Dec 2023 Pasiya and Others v Lithemba Mining (Pty) Ltd and Others (206/2022) and Pasiya and Others v Lithemba Mining (Pty) Ltd and Others[2023] ZASCA 169 · Declaratory relief – when competent under s 21(1)(c) of Superior Courts Act of 2013 – company law – whether resolutions to increase authoris... 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
23 Nov 2023 and 913/2022 Armitage NO v Valencia Holdings 13 (Pty) Ltd and Others[2023] ZASCA 157 · Company law ─ action by executor of deceased shareholder’s estate ─ s 163 of the Companies Act of 2008 (the Act) ─ oppressive or unfairly pr... Supreme Court of Appeal
18 Sep 2023 Jacolien Barnard NO and Another v National Consumer Tribunal and Another[2023] ZASCA 121 · Section 148(2)(b) of the National Credit Act of 2005 – jurisdictional factor of applicant’s participation in hearing before National 2 Consu... Supreme Court of Appeal
31 May 2023 East Rand Member District of Chartered Accountants and Another v Independent Regulatory Board for Auditors and Others (1132022)[2023] ZASCA 81 · Application for leave to appeal – referral to oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – Mandatory Audit Firm... Supreme Court of Appeal
18 May 2023 The Commissioner for the South African Revenue Service v Nyhonyha and Others[2023] ZASCA 69 · Company law – setting aside of winding-up under s 354 of Companies Act of 1973 – test is whether facts demonstrate that continuation of wind... 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
21 Apr 2023 The Butcher Shop and Grill CC v The Trustees for the time being of the Bymyam Trust[2023] ZASCA 57 · Lease – remission and abatement of rent – vis major – subtenant suffering loss of use and enjoyment of leased premises – whether tenant enti... Supreme Court of Appeal
28 Mar 2023 Independent Community Pharmacy Association v The New Clicks Group Limited[2023] ZACC 10 · Pharmacy Act 53 of 1974 — section 22A — Ownership of Pharmacies — Regulations relating to the Ownership and Licensing of Pharmacies — regula... Constitutional Court
24 Mar 2023 Media summary Strategic Partners Group (Pty) Ltd and Others v The Liquidators of Ilima Group (Pty) Ltd (in liquidation) and Others[2023] ZASCA 27 · Company Law – shareholder liquidated – rights of liquidators to information – not limited to rights of shareholder – rights under s 414 and... Supreme Court of Appeal
25 Jan 2023 Enforced Investment (Pty) Ltd and Others v Verifika Incorporated and Another[2023] ZASCA 5 · Contract – loan and repayment agreement – whether demand for payment valid – whether lender entitled to perfect security and accelerate paym... Supreme Court of Appeal
23 Jan 2023 South African Reserve Bank and Another v Johnine Winsome Elisie Maddocks N O and Another[2023] ZASCA 4 · Exchange Control Regulations of the Currency and Exchanges Act,1933 – Legal consequences of a forfeiture order issued in terms of Regulation... 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
11 Feb 2022 Cash Paymaster Services (Pty) Limited (In Liquidation) and Others v Freedom Under Law NPC & Others[2022] ZACC 2 · Joinder — direct and substantial interest — such not shown Variation of order — provisional liquidators — section 359(1)(a) of Companies Act... Constitutional Court
13 Dec 2021 Bester N.O. and Others v Quintado 120 (Pty) Ltd[2021] ZACC 49 · Liquidation — factual enquiry — directing mind of the company test — misapplication of legal test — no jurisdiction Constitutional Court
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

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.