Recycling and Economic Development Initiative of South Africa v Minister of Environmental Affairs ; Kusaga Taka Consulting (Pty) Ltd v Minister of Environmental Affairs (1260/2017; 1279/2017; 187/2018; 188/2018) [2019] ZASCA 1 (24 January 2019)

Promotion of Access to Information Act 2 of 2000 – request for
records of certain persons – refusal of request – Section 47 applied to records of two persons – failure of information officer to take reasonable steps to inform them of request – access refused – Section 49(2) invoked to make decision – decision to refuse access ultra vires – reviewed and set aside and compliance with section 47 directed prior to making decision; Refusal of access by public body – review of refusal – grounds for refusal sourced in chapter 4 – no basis made out for refusal – decision to refuse reviewed and set aside – access to records to be granted.

Declaratory relief – when competent under s 21(1)(c) of Superior Courts Act 10 of 2013 – company law – whether resolutions to increase authorised share capital and conclusion of loan agreement validly passed – dilution of shareholding resulting from perfection of security – whether appellants’ claims have prescribed

Financial markets – application for winding-up by Financial Sector Conduct
Authority under s 96 of Financial Markets Act 19 of 2012 (FMA) – not requirement that
preceding investigation had to be concluded – whether winding-up just and equitable –
requires consideration of whether objects of FMA would be achieved and of availability
of alternative remedies.

Companies Act 61 of 1973 – winding-up – appropriation or retention of
company funds by liquidators to pay or secure their proposed fees – Act and the Regulations do not permit the liquidators to retain any company assets upon discharge of the provisional liquidation order – assets must be restored- liquidators not permitted to draw their remuneration until the estate account has been taxed and confirmed.