The Pretoria High Court has dismissed an application for leave to appeal a ruling that denied Mohamed Mahier Tayob the legal standing to act as a business rescue practitioner for North-West Transport Investments (NTI), Northwest Star (NWS), and Atteridgeville Bus Services (ABS), all state-owned companies currently in business rescue.
The decision, handed down by Judge Anthony Millar on Monday, upholds an earlier ruling that found that Tayob, a prominent business rescue practitioner and forensics expert, lacked capacity to challenge the appointment of Thomas Hendrick Samons as the business rescue practitioner for these entities.
The case is about a disagreement over who should be responsible for helping NTI, NWS, and ABS, which started their business rescue process in July, August, and September 2022, according to Section 129 of the Companies Act.
Samons was appointed as the business rescue practitioner for all three entities following resolutions by their boards of directors, with filings made to the Companies and Intellectual Properties Commission.
Board resolutions invalid
In April 2024, an application was launched to remove Samons, which was granted in November 2024.
However, Samons appealed this decision, and in April 2025, he lodged an application for leave to appeal with the Supreme Court of Appeal, suspending his removal.
The boards of NTI, NWS, and ABS resolved to appoint Tayob as the business rescue practitioner, asserting that Samons had been removed.
This led to a conflict, with Tayob claiming joint authority and alleging issues such as unpaid salaries for hundreds of employees and an unlawful escrow account operated by Samons.
The court, however, found that the board resolutions appointing Tayob were invalid, as Samons remained the appointed practitioner due to the ongoing appeal process.
Millar said the court’s decision rested on Tayob’s lack of legal standing to act as a business rescue practitioner.
Millar ruled that Tayob’s appointment did not comply with section 129(3) of the Companies Act, which requires such appointments to be made within five business days of a company entering business rescue.
Appeal application
“Additionally, the court rejects the argument that the boards had residual authority to appoint Mr Tayob during an alleged interregnum, as Mr Samons’ appeal suspended his removal.
“The court further noted that the board meetings appointing Mr Tayob were unauthorised, as they were subject to Mr Samons’ authority under section 137(2)(a) of the Companies Act, rendering the resolutions void,” said Millar.
The court also dismissed the appeal application, finding no reasonable prospect of success or compelling reason to grant leave, as the alleged legal gap raised by Tayob and the MEC for the department of community safety and transport management was deemed academic and irrelevant to the case’s facts.
Tayob and the MEC for the department of community safety and transport management have been ordered to pay the costs.
