Interesting Judgment: Naka Diamond Mining v Klopper & Others

23 June 2022

Please find attached a judgement handed down in the SCA on 17 June.

Despite applying to the court for the cancellation of a contract in terms of section 136(2) of the Companies Act 71 of 2008 the SCA declined to opine on that.

The court found that the prior cancellation of the agreement also terminated the obligations under the underlying joint venture in terms of the agreement and that it, therefore, did not have to use sec 136 (2) to cancel the joint venture.

Kindly sent to us by Hans Klopper, head of BDO Restructuring Services.

  Judgment: Naka Diamond Mining v J F Klopper & Others. Case: SCA 277/2021

Take care
René Bekker
Chief Operating Officer