Judgment: Africa Agriculture v F Vienings - SCA

03 March 2026

Dear Member

The appellant was unsuccessful in the Eastern Cape Division of the High Court and approached the SCA for a finding that the respondent, the appointed business rescue practitioner, was either grossly negligent in terms of Section 140 (3)(c) (ii) alternatively that his conduct was reckless in terms of Section 424 (1) of the Companies Act, 71 of 2008 (as amended).

The Court found that the respondent was neither and dismissed the appeal with costs.

Kindly sent to us by Gareth Cremen of CoxYeats Inc.

Take care

René Bekker
Chief Operating Officer

  Africa Agriculture And Trade Investment Fund v Francois Vienings. SCA. Case No: 74/2024