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June 24, 2020

Commercial Law: Business Rescue vs Liquidation – What is The Difference?

South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a myriad of other factors, […]
June 24, 2020

Commercial Law: Reckless Trading and Personal Liability in the Time of Coronavirus

The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges. The result is that an increasing number of companies are […]
June 24, 2020

Property Law: Lockdown! Nuisance Neighbours and How to Handle Them

It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when […]
June 24, 2020

Family Law: Understanding the Full Community of Property Witnessed

The court, in reaching its decision, referred to the case of De Kock v Jackson and another 1999 (4) SA 346, where it was concluded that there was no logical […]
May 26, 2020

IP/IT Law: Protection in the Age of Information

Protection in the Age of Information “It used to be expensive to make things public and cheap to make them private. Now it’s expensive to make things private and cheap […]
May 26, 2020

Family Law: COVID-19 Lockdown: Movement of Children Between Parents – Here are the New Regulations

Initially, in terms of the lockdown regulations, the movement of children between parents was strictly prohibited. As such, children were required to remain with one parent throughout the lockdown period.However, […]
May 26, 2020

Litigation Law: The Admissibility of Opinion Evidence

In general, the admissibility of evidence is dependent on whether the evidence is relevant to a fact in issue in the case.  In DPP v Kilbourne the court held that evidence is relevant if […]
May 26, 2020

Wills, Estates & Trusts: Locked Down During the Pandemic: How to Make a Will and Get it Witnessed

The last few weeks have seen huge changes in the way we live our lives. The demand for Wills has surged during the COVID-19 pandemic, which is understandable in the […]
April 10, 2020

IP/IT Law: POPIA’s Deadline is 31 March 2021 – Ignore the “Fake Headlines” But Start Planning!

At long last the main provisions of POPIA (the Protection of Personal Information Act) have been gazetted, and they will commence on 1 April 2020. That means that the one […]
April 10, 2020

IP/IT Law: Watch What You Say on WhatsApp – The Case of the R20m Lottery Win and the R1m “Offer”

WhatsApp comes with a host of business and personal benefits, and its use is growing exponentially here as in the rest of the world. Which brings us to a possible […]
April 30, 2015

Who may be appointed as director?

Certain people are not eligible to be appointed as directors of a company. In this article we look at who is disqualified from being a director as well as the […]
April 30, 2015

Differences between liquidation and sequestration process

The application for liquidation and sequestration processes are often confused. Many people think that the processes are the same. However, there is a big difference between these two processes. A […]
May 12, 2015

Wie mag as direkteur aangestel word?

Sekere mense kom nie in aanmerking om as direkteure van ‘n maatskappy aangestel te word nie. In hierdie artikel kyk ons na wie van direkteurskap uitgesluit word, sowel as die […]
May 12, 2015

Verskil tussen likwidasie en sekwestrasieproses

Die aansoek prosedures vir likwidasie of sekwestrasie word dikwels met mekaar verwar, en baie mense dink dat die prosesse dieselfde is. Daar is egter ‘n groot verskil tussen die twee. […]
May 12, 2015

Wat beteken ʼn opskortende voorwaarde in ‘n kontrak?

Meeste mense wat ‘n eiendom gekoop het sou opgemerk  het dat die kontrak ‘n klousule bevat wat oor opskortende voorwaardes handel. Gewoonlik hou hierdie voorwaardes verband met deposito’s wat betaal […]
June 9, 2015

Vrywaringskennisgewings

Vrywaringskennisgewings bied beskerming aan eienaars en werknemers van winkelsentrums, stadions, parkeerareas en ander publieke areas. Alvorens hierdie  vrywaringskennisgewings effektief is, moet die kennisgewings aan bepaalde vereistes voldoen. Om verkeerdelik op […]
July 14, 2015

Are restraint of trade agreements always valid and enforceable?

Historically restraint of trade agreements were void and unenforceable unless the employer could prove that it was a reasonable agreement entered into between the parties. Fortunately for employers the position […]
September 16, 2015

What is meant by real security?

Real security means that, on the basis of a creditor’s right against the debtor (principal debt), a creditor acquires a limited real right in the property of the debtor as […]
October 7, 2015

Review of director’s decisions

In the previous article regarding “informal” decisions by directors, we considered what acts or decisions may be considered as informal decisions by directors. The precedents established by the courts were […]
January 20, 2016

When does a claim prescribe?

The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been […]