Johan Du Toit SC


JOHAN joined the Free State bar in 1984 and the Johannesburg Bar in 1990. He holds the degrees B.Proc.LL.B. (UFS) and LL.M. (Commercial law) (cum laude) (UJ). He is a former attorney from 1979-1984. He took silk in 2006 and is a member of the Middle Temple Inn since 2008.


JOHAN’s practice is twofold: a commercial one with emphasis on company law and shareholders disputes and a niche practice in securities law; and a constitutional / administrative law practice with particular emphasis on education law. He has acted for numerous schools, governing bodies and educators and employees of tertiary education institutions.

Johan has apperaed in almost fifty reported matters. Some of the more prominent reported cases in which he has appeared include:

Constitutional law:

  • Department of Education, FS v Welkom High School 2014(2) SA 228 (CC)
  • Head of Department, Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another 2010 (2) SA 415 (CC) (and 2009 (3) SA 422 (SCA))
  • Middelburg Laerskool v Head of Department of Education, Mpumalanga, 2003(4) SA 160(T)
  • Schoonbee and Others v MEC for Education, Mpumalanga, and Another 2002(4) SA 877(T)

Commercial law:

  • Kadoma Trading 15 (Pty) Ltd v Noble Crest CC 2013 (3) SA 338 (SCA)
  • Absa Bank Ltd v Ukwanda Leisure Holdings (Pty) Ltd 2014 (1) SA 550 (GSJ)
  • Essential Sterolin Products v CIR 1993(4) SA 859(A)
  • Boerboonfontein BK v La Grange NO 2011 (1) SA 58 (WCC)
  • Choice Holdings Ltd and Others v Yabeng Investment Holding Co Ltd 2001(3) SA 1350 (W)
  • Equisec v Rodriques 1999(3) SA 113 (W)
  • Hindry v Nedcor and Ano, 1999(2) SA 757(W)


  • Mkatshwa v Minister of Defence 2001(1) SA 1104(SCA)
  • Eskom v Rollomatic 1992(2) SA 725 (A)
  • Albertonse Stadsraad v Briti BK 2003(5) SA 157 (SCA);


Co-author with Charman, Shareholder Actions, Bloomsbury Professional, 2013

In the wake of the Facebook flotation: do Investment Banks owe a duty of care to Shareholders of the Companies they are advising? 2012 Journal of International Banking and Finance Law, 417

Linking Up, Litigation Funding Magazine, February 2013

Just and Equitable Winding Up: Uncertainty removed, Without Prejudice, April 2014 p18

Lectures etc:

Anti-suit injunctions in view of the European Court of Justice’s West Tankers Judgment – presented on the occasion of the ‘Budapest Discussions’ of the Budapest Bar, 29 April 2011

Commercial disputes: why not try human rights law to resolve them?  (Birmingham College of Law, November 2010)

The international reach of the law: the impact of the law of England and Wales on South African law – Inaugural lecture, College of Law, Birmingham, September 2012.

Statutory Derivative Actions: a comparison of the current South African and English company law provisions – as part of the Prestige Lecture series of the the Dean, Faculty of Law, UFS, April 2013

Panelist on a discussion of Fedsas v MEC Education Northwest Province at the 19th International Conference of the South African Education Law Association, Pretoria, 10 September 2014.

Contact Information:

Telephone: 011 290 4000
Mobile: 083 610 1156