Solly van Nieuwenhuizen SC

21/08/1992

Stephan (better known as Solly) van Nieuwenhuizen joined the Johannesburg Bar on 1 September 1977. He holds a B.Proc, a LLB and a LLM (in Banking and Securities Exchange law) degree from RAU (now UJ) and took Silk in August 1992. He was formerly a prosecutor.

He has appeared in numerous commercial trials on behalf of corporate and individual clients. He has also acted in an International Commercial Arbitration, several Afsa Arbitrations, Insolvency Inquiries, Inquiries into insider trading and other diverse Tribunals such as the FSB Appeal Tribunal, and a Tribunal established under the National Credit Act. He has also acted for and against the FSB, the Reserve Bank, all the major South African Banks (as well as Merryl Lynch from the USA prior to its demise), SARS and certain petroleum companies. He has also acted as arbitrator in the SAFEX tribunal before it merged with the JSE.

His practice includes company law, insolvency law, banking law (including documentary letters of credit, ordinary and synthetic securitisations), insurance law, law of enrichment, property law (including township development), municipal law and administrative law (including PAJA and legality reviews). He also acted in commissions of enquiry such as the Hiemstra Commission into irregularities in the Johannesburg City Council and the Cameron Commission into Illegal Arms Trade.

He has also served as an Acting-Judge.

Some of the more prominent or reported cases in which he has appeared include:

PUTCO LTD v TV & RADIO GUARANTEE CO (PTY) LTD AND OTHER RELATED CASES 1985 (4) SA 809 (A) relating to the termination of indefinite period contracts;

MOOLMAN v BUILDERS & DEVELOPERS (PTY) LTD (IN PROVISIONAL LIQUIDATION): JOOSTE INTERVENING 1990 (1) SA 954 (A) pertaining to the recognition of foreign liquidators;

COMMISSIONER FOR INLAND REVENUE v MALCOMESS PROPERTIES (ISANDO) (PTY) LTD 1991 (2) SA 27 (A) pertaining to the question when realisation of land is capital as opposed to income;

PHILIP BUSINESS SERVICES CC v DE VILLIERS AND OTHERS NNO 1991 (3) SA 552 (W) pertaining to the non applicability of the audi alteram partem rule in section 69(3) proceedings under the Insolvency Act and the requirements for a warrant to take possession of the insolvent’s assets;

FOURIE’S POULTRY FARM (PTY) LTD v KWANATAL FOOD DISTRIBUTORS (PTY) LTD (IN LIQUIDATION) AND OTHERS 1991 (4) SA 514 (N) pertaining to circumstances where rectification may be brought by application and the Master’s powers under section 407 of Act 61 of 1973;

NUWE SUID-AFRIKAANSE PRINSIPALE BELEGGINGS (EDMS) BPK AND ANOTHER v SLOET AND OTHERS 1992 (4) SA 381 (T) pertaining to voting rights of a shareholder and proxies;

NUWE SUID-AFRIKAANSE PRINSIPALE BELEGGINGS (EDMS) BPK AND ANOTHER v SAAMBOU HOLDINGS LTD AND OTHERS 1992 (4) SA 387 (W) pertaining to the revocability of proxies;

ESKOM v FIRST NATIONAL BANK OF SOUTHERN AFRICA LTD 1995 (2) SA 386 (A) pertaining to section 79 of Bills of Exchange Act and protection afforded to a drawee bank;

BOWMAN, DE WET AND DU PLESSIS NNO AND OTHERS v FIDELITY BANK LTD 1997 (2) SA 35 (A) pertaining to the condictio quasi indebiti;

SECHOLD FINANCIAL SERVICES (PTY) LTD v GAZANKULU DEVELOPMENT CORPORATION LTD 1997 (3) SA 391 (SCA) pertaining to the requirements for the on-cession of policies held as security in terms of a cession in securitatem debiti;

EASTERN METROPOLITAN SUBSTRUCTURE OF THE GREATER JOHANNESBURG TRANSITIONAL COUNCIL v VENTER NO 2001 (1) SA 360 (SCA) pertaining to clearance certificates under section 50(1) of Local Government Ordinance 17 of 1939 (T), same being the forerunner to section 118(1) of the Local Government: Municipal Systems Act 32 of 2000;

ZAMZAR TRADING (PTY) LTD (IN LIQUIDATION) v STANDARD BANK OF SA LTD 2001 (2) SA 508 (W) pertaining to the limitations of condictio ob turpem vel injustam causam;

COMMISSIONER, SOUTH AFRICAN REVENUE SERVICE, AND ANOTHER v ABSA BANK LTD AND ANOTHER 2003 (2) SA 96 (W) pertaining to liability of banks to third parties when pure economic loss is suffered;

PLATINUM ASSET MANAGEMENT (PTY) LTD v FINANCIAL SERVICES BOARD AND OTHERS; ANGLO RAND CAPITAL HOUSE (PTY) LTD AND OTHERS v FINANCIAL SERVICES BOARD AND OTHERS 2006 (4) SA 73 (W) pertaining to the powers of Inspectors appointed under the Inspection of Financial Services Control Act 80 of 1998 and the constitunality of such powers;

CITY OF JOHANNESBURG v KAPLAN NO AND ANOTHER 2006 (5) SA 10 (SCA) pertaining to section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 and its limitations in respect of rates and taxes due to section 89 of the Insolvency Act;

THUNDER CATS INVESTMENTS 92 (PTY) LTD AND ANOTHER v NKONJANE ECONOMIC PROSPECTING & INVESTMENT (PTY) LTD AND OTHERS 2014 (5) SA 1 (SCA) pertaining to the interpretation of section 81(1) of the new Companies’ Act and liquidations based on “deadlock” and “just and equitable grounds”.