Interesting Judgment: KC Monyela & Others v MM Tayob & Others

04 December 2023

Members,

Attached a judgment handed down in the High Court, Johannesburg on the 1st of December 2023.

The application consisted of a Part A and a Part B, in Part A the first and second applicants applied for an urgent interdict against the directors of Shiva Uranium restraining them from acting as directors other than envisaged in Chapter 6 of the Companies Act.

In Part B of the application the applicants seek a declarator that Shiva Uranium remains in business rescue and that its business rescue proceedings have not been terminated.

The Court granted the urgent interdict, confirming that Business Rescue Practitioners who are appointed jointly must act jointly.

Kindly sent to us by Bouwer van Niekerk of Smit Sewgoolam Inc.

Take care
René Bekker
Chief Operating Officer

  Judgment: KC Monyela & Others v MM Tayob & Others. Case No: 2023/117272