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Case law by topic

Judgments on insolvency

27 judgments on file that touch insolvency, newest first, each with the court's own file.

Handed downJudgmentCourt
5 Oct 2026 FJ Senekal Inc v The Standard Bank of South Africa Limited and Others[2026] ZASCA 137 · Insolvency – Insolvency Act of 1936 – s 63(2) – remuneration out of the estate for services rendered by a firm of which the trustee was a di... Supreme Court of Appeal
11 Sep 2026 Mokasule N.O and Others v Botha N.O and Another[2026] ZACC 36 · Insolvency Act 24 of 1936 — section 8 — acts of insolvency — factual insolvency Duty of proper consideration — failure to appreciate facts —... Constitutional Court
1 Jun 2026 Gore v Moollajie NO and Others[2026] ZASCA 82 · Insolvency – s 63(1) of the Insolvency Act of 1936 – remuneration of trustees – joint provisional trustees subsequently appointed as final t... 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
8 Apr 2026 Black Sash Trust v Minister of Social Development and Others[2026] ZACC 12 · Social grants — invalidity of contract — just and equitable profit determination— judicial review — liquidation — public interest Constitutional Court
11 Mar 2026 Bonatla Property Holdings v Ruitersvlei Holdings & Another[2026] ZASCA 26 · Company law – liquidation – locus standi to seek winding up – cession in securitatem debiti – applicant company having ceded its loan accoun... Supreme Court of Appeal
13 Feb 2026 Harris N.O. and Others v Herold Gie and Broadhead Inc[2026] ZACC 6 · Housing Development Schemes Act 65 of 1988 — section 6 — repayment of entrusted funds — remedy against errant attorneys Constitutional Court
15 Dec 2025 Christensen N O and Another v De Magalhaes[2025] ZASCA 193 · Law of Insolvency – application for special leave to appeal in terms of the Superior Courts Act of 2013 – referred for oral argument – speci... 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
12 Sep 2025 Van Rooyen NO and Another v Mokwena NO and Another[2025] ZASCA 130 · Insolvency and sequestration of a trust – settlement agreement concluded – clause providing for matter to proceed unopposed if settlement ag... 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
30 May 2025 Eugene Prinsloo v Donovan Theodore Majiedt N O and Another[2025] ZASCA 74 · Practice – non-joinder – Long-term Insurance Act of 1998 (the Act) – whether the benefits of a long-term life insurance policy (the policy)... 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
28 Jan 2025 Du Plessis v Majiedt N O and Others[2025] ZASCA 4 · Insolvency – locus standi of insolvent to sue in his own name – Insolvency Act of 1936 – trustees were the correct persons to take action –... 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
2 Oct 2024 The Prudential Authority v Dlamini and Another[2024] ZASCA 133 · Provisional sequestration order sought on the grounds of s and s of the Banks Act of 1990 – prima facie proof of non-compliance with the Pru... Supreme Court of Appeal
21 Jun 2024 Eamonn Courtney v Izak Johannes Boshoff NO & Others[2024] ZASCA 104 · Insolvency law — order of final sequestration not preceded by provisional order — order not a nullity — valid until set aside by a court of... 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
9 Feb 2024 Cohen v Absa Bank Limited[2024] ZASCA 16 · Insolvency law – Interpretation – s 31(2) read with s of the Insolvency Act of 1936 – whether a surety has locus standi to invoke s 31(2) to... Supreme Court of Appeal
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
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 Dec 2021 Burger N.O. and Others v Bester N.O. and Others[2021] ZACC 48 · Power of a single trustee to conclude loan agreement on trust’s behalf — use of trust to channel funds to company — factual disputes — no ar... Constitutional Court
9 Dec 2021 Malan v Die Gerhard Labuschagne Familie Trust & Another[2021] ZASCA 171 · Sale – immovable property – subdivision of Remainder approved by Surveyor-General – option to purchase one of the proposed subdivisions – op... Supreme Court of Appeal
17 Jun 2021 Media summary K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another[2021] ZASCA 82 · Contract – Property Law – applicability of s 34(3) of the Insolvency Act of 1936 – whether transfer of property to purchaser and bond passed... 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
5 Jul 2018 Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others[2018] ZACC 20 · Section 9(2) of the Constitution — remedial and restitutionary equality — Van Heerden test — arbitrariness and rationality as separate requi... Constitutional Court
2 Dec 2016 Minister of Justice v The SA Restructuring & Insolvency Practitioners Association[2016] ZASCA 196 · Constitutional law: Equality and affirmative action measures: the ambit of the test for equality. Insolvency law: Insolvency Act of 1936 s 1... 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.