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  • Article

    Court Clarifies Business Rescue Practitioners' Personal Liabilities Resulting From Misconduct

    The Local Division of the High Court Johannesburg was recently called upon in the matter of JE Kudumela & 2 Others v M Carmody & 2 Others (Case Nr 2022/17204) to consider an application for leave to appeal instituted by a business rescue practitioner.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Newlands Surgical Clinic v Peninsula Eye Clinic [2015]

    Clyde & Co has successfully represented Peninsula Eye Clinic (Pty) Ltd in a ground-breaking judgment dealing with the restoration of companies under the Companies Act 71 of 2008.
    South AfricaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
Article

Shareholder Self-Help And The Board's Refusal To Convene A Meeting

In the case of Heatherview Estate Extension 24 Home Owners Association v Mahlatse Trading Enterprise CC and Others, the High Court considered the meaning and effect of s61 of the Companies Act, ...
South AfricaCorporate/Commercial Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
  • Article

    Can A Retrenchment Process Start Before A Business Rescue Plan Has Been Approved?

    In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 ("the LRA").
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Constitutional Court Confirms Limits On Labour Appeals And Awards Costs In Dispute Arising From Terminated Municipal Services Agreement

    The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Selection Criteria For Retrenchment: The Fair And Objective Requirement

    If this is the case, may an employer instead use selection criteria that contain an element of potential subjectivity?
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Sometimes, Goodbyes Don't Cost A Thing

    In terms of Section 41(4) of the Basic Conditions of Employment Act (BCEA), an employee who is dismissed for operational requirements is not entitled to severance...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Doctrine Of Common Purpose In Strikes

    An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Zero Tolerance Hangover – When Energy Drinks Leave Employers With A Headache

    An employee drinks an energy drink before work. A breathalyser test returns a positive alcohol reading. The employer applies its zero-tolerance policy and dismisses. Months later, the employee is reinstated with back pay.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Silicosis Claims In The South African Mining Industry

    Class action lawsuit involving 27,000 affected miners or their families may represent just 10% of the total number of silicosis sufferers in South Africa.
    South AfricaEnergy and Natural Resources
    Clyde & Co
    Clyde & Co
  • Article

    When Different Treatment Is The Most Fair – Inland And Coastal Refineries And The Cost Of Transporting Oil

    The recent SCA case of Transnet v Total is important not only for those in the petroleum industry, but also, more generally, when it comes to aspects of competition and discrimination.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Can I Get A Restraining Order Against My Spouse?

    Family lawyers are often approached by clients who request an "interdict" or "restraining order" against their spouse, partner, parent, or any other family member.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Preserving The Status Quo In Pension Fund Disputes: Insights From Cadac Pension Fund And Others v Nash And Others

    The recent High Court judgement in Cadac Pension Fund and Others v Nash and Others (Gauteng Division, Johannesburg, 16 April 2025) offers important guidance on the role of interim interdicts...
    South AfricaFinance and Banking
    Adams & Adams
    Adams & Adams
  • Article

    Beneficiary Disputes In Living Annuities: A Wake-up Call For Insurers And Advisers

    On 6 January 2026, the Pretoria High Court handed down a judgment in a case pertaining to insurance living annuity.
    South AfricaInsurance
    Adams & Adams
    Adams & Adams
  • Article

    A Clearvu On AdWords: An Update

    Unlike most of the foreign judgments that have been handed down on this issue, the Clearvu case was based on passing-off rather than trade mark infringement.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    South Africa's Apex Court Hears First Ever Patent Matter

    South Africa's highest court, the Constitutional Court, handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation and Others
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    When Is A Descriptive Mark Not A Descriptive Mark?

    This was the issue before the Supreme Court of Appeal in the matter between Dinnermates (Tvl) CC and Piquante Brands International & another 401/17) [2018] ZASCA 43 (28 March 2018).
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    A Party Relying On Compromise Bears The Onus Of Proof

    In FirstRand Bank Limited ("FNB") v Lourina Wilson NO and Another, the South African Supreme Court of Appeal ("SCA") clarified the requirements for when a valid offer of compromise is made and accepted.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Beware - Signing Of Credit Agreements Containing Suretyship Clauses!

    If a person signs a credit application form in a representative capacity on behalf of a company or other juristic person and is not advised that the form also contains a personal suretyship by the signatory, such document itself would constitute a misrepresentation which induced a mistake by the signatory, and the personal suretyship obligation of the signatory would be invalid.
    South AfricaLitigation, Mediation & Arbitration
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Execute At Your Own Risk: Execution Of Orders Knowing An Appeal Is In Play

    Section 18 of the Superior Courts Act 10 of 2013 ("the Act") has significant implications for commercial disputes in South Africa.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Showing 381–400 of 638 results

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