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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

2 judgments
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2 judgments
Citation
Judgment date
December 2012
Firstrand Bank Ltd v Wayrail Investments (Pty) Ltd (684/2012) [2012] ZAKZDHC 91 (20 December 2012)
Reported
Whether "solvent" under Part G and Item 9 includes both actual (balance‑sheet) and commercial (cash‑flow) solvency.
Companies Act 2008 — Part G and Item 9 Schedule 5 — meaning of "solvent": includes both actual (balance-sheet) and commercial (cash-flow) solvency; transitional application of Chapter 14 of previous Act (section 345) preserved; failed business rescue and practitioner’s standing to apply for liquidation; disputes on account debits not necessarily requiring oral evidence; narrow judicial discretion to refuse winding-up.
 20 December 2012
S v Ndawonde (CC 124/2012) [2012] ZAKZDHC 89 (11 December 2012)
Reported
A single accomplice's identification, diminished suspicion by prior indemnity and corroborated details, can suffice for conviction.
Criminal law – accomplice and single-witness evidence – cautionary rule as a guide not a rigid rule – effect of indemnity on distrust of accomplice testimony – identification evidence and corroboration – section 208 and section 204 considerations.
 11 December 2012