Articles
Litigation Update, Owners Risk and the Negligent Car Washer
In the case of Motowest Bikes and ATVS ("Motowest") vs Calvern Financial Services ("Calvern") Calvern sued Motowest for damages for the loss of its motor vehicle which was stolen from the premises of Motowest.
Litigation Update, Engagements, Rings, Weddings, Parties, Rainbows, Butterflies and Real Life...
We've all seen it. Nowadays social media makes it impossible to miss. The big announcement on facebook "I'm engaged" (or sometimes it's a "we're" if s/he is lucky enough to be included in their future spouses status!), the picture of the ring (specially designed you know and look at the size of that rock).
Litigation Update, Single Parenting and Traveling
Divorcés and/or single parents are often confronted with a few difficult questions:
Corporate & Commercial Law Update, Directors beware - Section 73A of the Competition Amendment Act and criminal liability
Section 12 of the Competition Amendment Act, 1 of 2009 (“Amendment Act”) makes cartel conduct a crime.
Corporate & Commercial Law Update, Transactions that may be voided by a liquidator
In terms of the Insolvency Act, certain types of transactions may be set aside by the executor of the sequestrated estate of an individual or the liquidated estate of a juristic entity that has been wound up because it is unable to pay its debts.
Corporate & Commercial Law Update, Limitation of liability clauses - Something to think about
In most agreements you will find clauses that try to limit, or even exclude, the liability of a party to that agreement. Limitations (or exclusions) of liability can be based on:
Corporate & Commercial Law Update, Tax enforcement procedures
Since October 2012 taxpayers are seeing the effects of the Tax Administration Act 28 of 2011 ("the Act"). Although it has only been a year since this Act has been applicable, taxpayer's are beginning to experience the muscle that the South African Revenue Service ("SARS") is able to flex as a result of it.
Corporate & Commercial Law Update, Build without approved plans at your peril
The recent collapse of part of a large partially completed shopping centre in Tongaat, KwaZulu-Natal and a Supreme Court of Appeal case in the Eastern Cape, has sharply focused the attention of local authorities and property owners on the risks in commencing with construction of building projects, prior to receiving local authority approval of building plans.
Corporate & Commercial Law Department Update, Leniency doesn't get firms off the civil damages hook
The fines imposed by the Competition authorities are supposed to promote compliance and competition through deterrence. The primary purpose of a damages award is compensation for the person who has suffered harm. It is important to remember this when dealing with damages claims and class actions, especially in light of the growing awareness around civil claims for conduct found to be anticompetitive.
Employment Law Update, Basic Conditions of Employment Amendment Act
On 9th December 2013 the Basic Conditions of Employment Amendment Act (“Amendment Act”) was passed into law.The Amendment Act seeks to discourage non-compliance by strengthening the powers of the Labour inspectors and enforcing stricter penalties.
Litigation Update, Protection of Personal Information Bill ("POPI")
In late August this year, Parliament approved the Protection of Information Bill ("POPI"). The only remaining step for it to become an Act is for it to be assented to by President Zuma.
Litigation Update - The Twists and Turns of Business Rescue
Business Rescue is a new concept in the South African business landscape and is found in Chapter Six of the Companies Act 71 of 2008. New legislation often requires judicial decision to provide a framework of certainty.
Corporate & Commercial Law, BEE Update, Revised Broad-Based Black Economic Empowerment Codes of Good Practice Published
On Friday, 11 October 2013, the revised Codes of Good Practice ("New Codes") in terms of the Broad-Based Black Economic Empowerment ("BEE") Act, 53 of 2003, were published in the Government Gazette.
Registered Title Trumped by Fraud
In Nedbank v Mendelow NO and another, recently decided by the Supreme Court of Appeal (SCA) Mendelow and his co-executor in a deceased estate sought to recover ownership of a property which had been transferred from the estate to a company.
What is the meaning of 'rescuing the company' in terms of the new Companies Act?
According to the wording used in the new companies act, ‘rescuing the company’ means achieving the goals set out in the definition of “business rescue”. It accordingly has two goals: a primary goal, which is to facilitate the continued existence of the company on an solvent basis or, a secondary goal, in case the first fails, is to achieve a better return for the creditors or shareholders of the company than would result from immediate liquidation of the company.
Employment Law Update, POPI passed by Parliament
On 20 August 2013, the Protection of Personal Information Bill, 2009 was passed by the National Assembly and sent to the President for assent.
Trusts and the National Credit Act
It will probably come as a surprise that many trusts will be regarded as natural persons for the purposes of the National Credit Act, 2005 ("NCA"), greatly limiting their ability to obtain credit.
Tax Compliance - A new Approach
No longer will taxpayers be able to rest secure in the knowledge that their tax clearance certificate ("TCC") will grant them a blanket tax compliant status for at least a year.
Beware of Deregistration
In a recent judgment of the Western Cape High Court (Bright Bay Property Service (Pty) Ltd v Moravian Church in South Africa, 2013 (3) SA 78 (WCC)), the Court made it clear that if a company is deregistered and then re-registered under the Companies Act, 71 of 2008 ("the 2008 Act") the re-registration is not retrospective and the company's conduct during the period that it was deregistered cannot be retrospectively validated.
