In dealing with the second question, the court in Du Plooy referred with approval to Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (AD) at 666 where it was held that '[o]wnership of shares does not depend upon registration'.

The only qualification which appears to apply to the said rule was, as stated in the case of Sammel v President Brand Gold Mining Co Ltd[9] by Trollip JA, that majority shareholders could not use the power to "discriminate between themselves and the minority shareholders so as to give themselves an advantage at the expense of the minority ...
Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 662; [9] In ABSA Bank Ltd v Rhebokskloof (Pty) Ltd 1993 (4) SA 436 (C) at page 440-441, the following is stated:- "Turning to the merits of the matter, Mr Gauntlett contended that ABSA was entitled to a final winding-up order on the basis that Rhebokskloof was 'commercially ...
Body Corporate of Fish Eagle v Group Twelve Investments . 2003 (5) SA 414 (W) at 428B-C: "The deeming provision of s 345(1)(a) of the Companies Act creates a rebuttable presumption to the effect that the respondent is unable to pay . 2. 2013 (2) SA 295 at 300 – 301 paragraph [27]. 3 [2014] JOL 32350 (SCA).
Question 1 " by becoming a shareholder in accompany, a person undertakes by his contract to be bound by the decisions of the prescribed majority of shareholders, if those decisions on the affairs of the company are arrived at in accordance with law, even where they adversely affect his own rights as a shareholder " Per Trollip JA in and ORS V …
5 appellant is entitled to a winding-up order ex debito justitiae (cf Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 662F). [5] In the court a quo the learned judge had regard to the respondent's financial statements for the year ended 28 February 1997, which, although only in draft form,
1 See generally Sammel v President Brand Gold Mining Co 1969 (3) SA 699 (A) at 699–707 for a definition of a nominee shareholder. Compare with note 2 below, which refers to South Africa's Companies Act 61 of 1973, sec 103(2) of which provides that, for a person to become a member, his or her name must be entered in the register.
[2] On the disease burden mineworkers have suffered over the past century, see, generally, Mankayi v AngloGold Ashanti Ltd [2011] ZACC 3; 2011 (3) SA 237 (CC); 2011 (5) BCLR 453 (CC) and the judgments in Nkala v Harmony Gold Mining Company Ltd 2016 (5) SA 240 (GJ). As a result of extended industrial action, the Miners' Phthisis Act of 1911 was …
Sammel v President Brand Gold Mining Company Ltd 1969 (3) SA 629A at 678. Thus the mere loss of confidence in the management of the company's ... SA 593 D at 597 per Caney J. However, other facts may afford such proof, e.g. that a number of creditors have sued the company for payment of monies due to them, that assets of the
[21] In Sammel & others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 666C-D, this court said that a 'nominee' is a person who is nominated or appointed to hold the shares in his name on behalf of another and that the nominee is in effect simply an agent of the transferee. And that the reason why 'nominee' and not 'agent ...
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH . v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) Trollip JA said that the 'principle of the supremacy of the majority is essential to the proper functioning of This principle is called Majority rule principle in the case of Trollip JA and Ors v President Brand Gold Mining Co 1969 (3) …
Harmony Gold Mining Company Ltd v Regional Director: Free State Department of Water Affairs and Others (68161/2008) [2012] ZAGPPHC 127 (29 June 2012) ... Geuking v President of the RSA 10 and Masetlha v President of the RSA 11. That approach is: words cannot be read into a statute by implication unless the implication is a necessary one in …
25 See articles 2 and 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which South Africa acceded to on 15 December 1995; article 18(3) of the African Charter on Human and Peoples' Rights, which South Africa acceded to on 9 July 1996; articles 2, 6 and 7 of the Protocol to the African Charter on Human and …
Hugo v President of the Repubic of South Africa and Another 1996 (4) SA 1012 (D).. Act 200 of 1993. The Presidential Act provided, inter alia, the following: In terms of section 82(1)(k) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), I hereby grant special remission of the remainder of their sentences to :
Reported as Prince v President of the Law Society, Cape of Good Hope and Others 1998 (8) BCLR 976 (C). Initially, the appellant challenged the decision of the Law Society refusing to register his contract of community service. Reported as Prince v President, Cape Law Society, and Others 2000 (3) SA 845 (SCA); 2000 (7) BCLR 823 (SCA).
For, as Trollip JA put it in Sammel v President Brand Gold Mining Co Ltd: 19 ... 19 1969 (3) SA 629 (A) at 678G-H. 20 In Re London School of Electronics Ltd [1986] 1 Ch 211 at 222. 21 Lourenco v Ferela (Pty) Ltd (No1) 1998 (3) SA 281 (T) at 295F-H. 22 Blackman Commentary on the Companies Act Vol 2 p9-44.
Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company Limted and Others (7655/05, 7655/05) [2006] ZAGPHC 47; 2006 (5) SA 333 (W) (15 May 2006) ... (Pty) Ltd v Hughes 1969 (1) SA 224 (T) East London Local Transitional Council v MEC for Health, Eastern Cape and Others 2001 (3) SA ... Robinson v Randfontein Estates Gold …
S v ZINN 1969 (2) SA 537 (A) ... (Gane's trans., vol. 7, p. 504); S v de Jager, 1965 (2) SA 629; S v Masala, 1968 (3) SA 212; S v Kellner, 1967 (2) SA 193. E A. J. Lategan, for the State, referred to S v Ivanisevic, 1967 (4) SA at pp. 575H - 576A. ... of Act 24 of 1936 read with sec. 185 of Act 46 of 1926 (1 count). He appeared before G ...
1Sammel v President Brand Gold Mining Co Ltd1969 (3) SA 629 (A) at 678. 2PA Delport (ed) Henochsberg on the Companies Act 71 of 2008(Service Issue 17) 574(12) and the authorities there cited. 3JT Pretorius (ed) Hahlo'sSouth African Company Law through the Cases6 ed (1999) 380. 4Delport (ed) op cit note 2 at 574(12). The standard in company ...
Harmony Gold Mining Company Ltd v Regional Director:Free State Department of Water Affairs and Others (971/12) [2013] ZASCA 206; [2014] 1 All SA 553 (SCA); 2014 (3) SA 149 (SCA) (4 December 2013) Download original files. PDF format. RTF format ... SA 1 (CC) para 48; and Geuking v President of the Republic of South Africa 2003 (3) SA 34 (CC ...
Yende v Orlando Coal Distributors (Pty) Ltd 1961 (3) SA 314 (W) Par316 and Hahlo's South. African Company Law Through the Cases 6e page381 par2 and page403 par2. Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) par678. Max Rainer Companies Act provides relief for prejudiced minority shareholders, De Rebus in. 2019 …