Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Others

Bassani Mining (Pty) Ltd entered into a subcontract with Sebosat (Pty) Ltd in February 2020 to mine coal at Wesselton Mine. Bassani mined coal from March to May 2020, after which Sebosat terminated the agreement, alleging underperformance. Bassani contended that the termination was unlawful and that Sebosat owed it approximately R14.5 million. Bassani later alleged that Sebosat was a shell company fraudulently interposed by its director, Herman, to shield Mashala Resources (Pty) Ltd (the mining right holder, then under business rescue) from liability. Bassani brought an urgent application seeking an interim anti-dissipation interdict to restrain the respondents from alienating coal or assets pending a damages action. The High Court dismissed the application, finding that the requirements for an interim anti-dissipation interdict were not met. Bassani appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies and reinforces South African law on anti-dissipation interdicts, confirming that intention to frustrate execution remains a core requirement and that speculative reliance on undefined ‘exceptional circumstances’ will not suffice. It underscores the strict jurisdictional facts required before courts will restrain a respondent from dealing with its property.