Companies — Removal of directors — Application for removal of directors under section 71(8) of the Companies Act 71 of 2008 — Applicant alleging misconduct and dereliction of fiduciary duty by directors — Directors failing to respond to allegations — Tribunal assessing uncontradicted evidence — Evidence of breaches of fiduciary duty established — Directors removed from office.
Labour Law — Leave to appeal — Application for leave to appeal against dismissal of constructive dismissal claim — Court assessing reasonable prospects of success for appeal — Grounds for appeal included alleged errors in applying reasonableness test and failure to recognize material breach of employment contract — Leave to appeal granted on grounds of public importance regarding lawfulness of return-to-office instruction.
Rescission — Default judgment — Application for rescission of default judgment awarding damages for unlawful arrest and detention — Applicant establishing reasonable explanation for default and bona fide defence — Court finding that the order was erroneously granted due to absence of the applicant — Rescission granted and matter referred back for proper determination of quantum.
Spoliation — Final spoliation order — Notice of appeal — Applicant seeking declaratory order that spoliation order is not suspended by respondents' appeal — Court finding that spoliation order is final and is suspended by the notice of appeal — Application dismissed.
Administrative Law — Authority to act — Dispute over authority of first respondent to act on behalf of second respondent — Court finding that first respondent lacked authority as no resolution from majority member was provided — Main review application dismissed against second respondent with costs awarded to first respondent.
Financial Regulation — Listing Requirements — Public censure and financial penalty — Trustco Group Holdings Limited applying for reconsideration of R5 million penalty imposed by JSE for contravening paragraph 9.20(b) of the Listing Requirements — Contravention not disputed — Tribunal finding no improper exercise of discretion by JSE in imposing sanction — Application dismissed.
Contract — Enforceability — Plaintiff claiming payment based on service agreement with defendant — Court finding that Sister Basson, as general manager, lacked authority to bind the defendant to the contract — Plaintiff's claim dismissed with costs awarded to the defendant.
Divorce — Division of joint estate — Plaintiff seeking equal division of joint estate in community of property — Defendant claiming forfeiture of benefits due to plaintiff's alleged misconduct — Court finding that both parties contributed to the breakdown of the marriage, but no sufficient grounds for forfeiture established — Equal division of joint estate ordered.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Application for eviction of unlawful occupiers from agricultural land — Respondents claiming rights of occupation based on alleged consent from previous owners — Court finding no evidence of consent or authority to occupy — Application granted for eviction of Respondents from the property.
Contempt of Court — Application for contempt — Applicants seeking to hold respondents in contempt for violating a court order prohibiting mining activities — Court finding that the respondents did not adequately comply with the order due to lack of service and clarity — Application dismissed due to failure to establish urgency and contempt elements — Court emphasizing the need for proper service of court orders and the necessity of clear compliance requirements.
Credit Agreements — Breach of loan agreement — Applicant seeking monetary judgment and special execution of properties — Respondents defaulting on payments due to external factors — Court finding Applicant's refusal to engage in mediation unreasonable and dismissing application for relief — No sufficient evidence provided to support claim of arrears.
Administrative Law — Compensation for Occupational Injuries and Diseases Act — Applicant seeking order for respondents to make a recommendation on her claim for compensation — Respondents opposing on grounds of unliquidated claim and dispute of fact — Court finding that respondents failed to perform statutory duties under COIDA — Order granted directing respondents to make recommendation within 30 days.