Viewing post categorized under: Business Dispute Resolutions

In terms of section 83 of the Companies Act, No. 71 of 2008 (“Companies Act“), the deregistration of a company does not affect the liability of a director in respect of any act or omission before the deregistration of a company and such liability continues and may be enforced as if the company had not been deregistered. On 24 March 2026, the High Court of South Africa, Western Cape Division, Cape Town (“High Court“), in Lupacchini NO v That Collective (Pty) Ltd and Others (11348/2019) [2026] ZAWCHC 137, decided that, notwithstanding the company deregistration, the directors (including a de facto director) of a deregistered company were in contempt of a court order issued against the deregistered company during the directors’ tenure.

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On 06 March 2026, the Supreme Court of Appeal of South Africa (“SCA“) reaffirmed the principle that the objectives of a trust may only be found in the trust deed and cannot be varied by the wishes of the founder expressed informally in family meetings and dinner tables prior to their death. The judgment which is the subject of this note is Lenette Janse De Wit & Others v Toerien De Wit N.O. & Others (607/2024) [2026] ZASCA 23.

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