REPORTABLE

IN THE SUPREME COURT OF SOUTH AFRICA 
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

CASE NO.: 21080/08

In the matter between:

in his capacity as the duly appointed liquidator of

THE GREEN MEDICINE COMPANY (PTY.) LTD. 
(In Liquidation)

and

2. The matter is referred back to the respondent for her reconsideration, bearing in mind what has been said in this judgment, it being found that in terms of section 384(2) of the Companies Act. good cause exists for remuneration to be awarded to the applicant in excess of the amount arrived at solely by applying the provisions of the said tariff.
3. No order is made as to the costs of this application.''

"...we find that, in all the relevant circumstances, to be reasonable the applicant's total remuneration must substantially exceed the sum of R331,479.15 before VAT to which the Master seeks to limit it in terms of the applicable tariff."

"....on an overall view of the matter we are satisfied that reasonable remuneration for the applicant will be considerably

"We find that the reasons stated by the Master for her decision amount to a misdirection and indicate that she was materially influenced by an error of law, that she took into account irrelevant considerations and that she did not consider relevant considerations. She also seems to have acted arbitrarily, her decision was proportionately unreasonable and the exercise of her discretion was not according to law."

"Your letter dated 30 September 2008 refers. INTRODUCTION
This letter contains the Masters decision on the interpretation of the judgement by Thring, J on 13 June 2008."

Why any "interpretation" of my judgment should have been necessary escapes me. especially in the averred absence of any inability on the part of the Master to understand it. I would have thought that no more was required of the Master in the circumstances than that she read the judgment and order and simply comply with the contents thereof. However, be that as it may, she appears to have laboured under the impression that she enjoyed the right to "interpret" the judgment in some way, whatever that term may have been intended to mean. If by it she sought to convey that she had an option to disobey or disregard this Court's order or judgment, or any part of either, she was, of course, grievously mistaken.

Division of this Court was reported in the press as saying:
"If our courts do not act swiftly and strictly to stop the wilful disregard of court orders, the rule of law will be undermined and South Africa will, in my view, be entering the realms of a
constitutional crisis	 The only institution that stands

No foundation whatsoever appears anywhere in the papers for this scurrilous innuendo. It was utterly uncalled for and borders on the defamatory.

For these reasons, the following order is made:

"The applicant, Mr. J. F. Klopper, is entitled, as reasonable remuneration for his services as the liquidator of Green Medical Co. (Pty.) Ltd. (in liquidation) to the aggregate sum of R428,222.02, to which must be added VAT at 14%."

I agree.

	YEKISO, J