Insolvency — Appointment of liquidators — Interpretation of s 18(4) of the Insolvency Act 24 of 1936 — Provisional liquidators appointed by the Master — Creditors failing to attend the first meeting — Court determining that the Master is obliged to appoint provisional liquidators as final liquidators despite creditor non-participation — Appeal upheld and order of the High Court set aside.
Companies — Business rescue — Interdictory relief — Applicant seeking urgent interdict to prevent business rescue practitioners from selling first respondent's business without consent — Court finding applicant has established a prima facie right and reasonable apprehension of irreparable harm — Interdict granted pending determination of rights in Part B of the application.
National Credit Act — Section 129 notice — Juristic entity claiming entitlement to notice under Section 129 of the National Credit Act 34 of 2005 — Court finding that no evidence was presented to show compliance with notice requirements — Judgment granted erroneously in breach of statutory requirements — Rescission of judgment ordered as a result of non-compliance with Section 129.
Criminal Procedure — Leave to appeal — Application for leave to appeal against conviction and sentence for murder — Applicant convicted under s 51(1) of the Criminal Law Amendment Act 105 of 1997 — Court considering whether the appeal has reasonable prospects of success and if there are compelling reasons for the appeal to be heard — Leave to appeal granted to the Supreme Court of Appeal due to compelling reasons identified in the application.
Advocacy — Fees — Liability for advocate's fees — Advocate's services rendered on behalf of attorney, not directly to client — Default position that instructing attorney liable for advocate's fees unless expressly agreed otherwise — Appellants disputed liability on grounds of absence of fee provision in mandate — Evidence established tacit agreement for attorney's liability — Appeal dismissed with costs.
Companies — Social and Ethics Committee — Exemption from establishment — Applicant, a non-profit homeowners association, seeking exemption from establishing a Social and Ethics Committee as required by section 72 of the Companies Act — Tribunal considering the nature and extent of the Applicant's activities, which are limited to its members — Tribunal granting exemption for five years despite concerns regarding the adequacy of the application and the need for detailed evidence of existing committees' functions.
Criminal Procedure — Bail — Appeal against refusal of bail application — Appellant charged with multiple firearm-related offenses and perjury — Alleged new facts presented to support bail application — Court finding that new facts did not constitute genuine new evidence but rather a rearrangement of previously considered material — Appellant failing to establish a verifiable residential address — Appeal dismissed.
Administrative Law — Mandamus — Urgent application for mandamus to compel first respondent to hear complaint — Applicant, a football club, alleging procedural irregularities in playoffs determining promotion to higher league — Court finding that applicant failed to join necessary parties with direct interest in outcome — Application dismissed due to non-joinder and lack of urgency.
Labour Law — Review application — Dismissal of review application for inordinate delay — Applicant alleging unfair labour practice and unfair dismissal — Third respondent seeking dismissal based on delay in prosecution — Court finding that delay was due to CCMA's failure to provide complete record — Application to dismiss review application dismissed, with no order as to costs.