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Why the commencement date of liquidation is important, and how its possible manipulation should be interrogated

The case of Enyuka Prop Holdings (Pty) Ltd v United Merchants CC and Others 2025 JDR 2947 (GJ) untangles a web of what the court described as “ collusive dealings ” between two related close corporations, United Merchants CC (United) and Truval Manufacturers CC (Truval). Enuyka Prop Holdings (Pty) Ltd (Enyuka) brought an application against United (the first respondent), seeking a declaration that a special resolution for the voluntary winding up and deregistration of United was void ab initio , thereby setting aside the voluntary winding up. While the liquidators of United (the second and third respondents) did not oppose this application, Truval did after obtaining leave to intervene as a third party. This article deals with Enuyka and Truval’s opposing motivations for their actions, and deals with the importance of the liquidation commencement date.