As we enter 2014, and in an effort to keep our clients appraised of current developments within the industrial legal landscape, the Labour Team has undertaken to supply regular updates to clients, as and when there appears to be a need to do so.

This circular will examine the principles relating to the winding up of a solvent company on the basis of what is referred to as the just and equitable principle.

This is the first of a few circulars examining directors’ duties under the Companies Act (the Act). Prior to the commencement of the Act and in terms of sections 234 to 238 of the old Companies Act, directors, managers, the managing director and the secretary of a company were obliged to disclose their direct or indirect material interests in contracts or proposed contracts which were of significance to the company’s business and which had been or were to be entered into by the company.

If you are considering purchasing a property jointly with someone other than a spouse, it is advisable to enter into a co-ownership agreement.

With fresh budgets and post electoral hype filling the corridors of the organs of state that run our country, there is an unusually high number of tenders being awarded.

This is the first of a series of circulars examining the development of Broad-Based Black Economic Empowerment (BBBEE) in South Africa.

A court ruling by Cape Town Judge Dennis Davis in the case of Combined Developers v Arun Holdings & Others (6105/2013) [2013] ZAWCHC 132 has raised concern for financial lenders across the country as to the validity of acceleration clauses in loan agreements.

The Government is embarking on significant new initiatives to advance land reform.

As of 1 April 2014 the Income Tax Act 58 of 1962 (the Act) was amended to regulate "hybrid debt instruments" more closely.

Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00.

The Broad-Based Black Economic Empowerment Act 53 of 2003 (2003 Act) together with the generic codes of good practice and the sector codes, provide the legislative framework for Broad-Based Black Economic Empowerment (BEE) in South Africa.

The right to information that is held by another person and that is required for the exercise or protection of any rights is a right that is enshrined in the Bill of Rights.

It frequently happens in arbitrations that parties settle their disputes before the conclusion of the arbitration proceedings.

Can an employer evict a builder who is exercising a lien over a site by providing security to cover the contractor's claim which is the subject matter of the lien?

In the JBCC cancellation clause there is a provision to the effect that neither the employer nor the contractor can cancel the contract if at the time the party wishing to cancel is itself in breach of a material term of the contract.

On 31 August 2011, the Department of Rural Development and Land Reform tabled the Green Paper on Land Reform.

Government is well under way in implementing its plan to "revamp" Broad-Based Black Economic Empowerment (BEE) in South Africa.

If an engineer, architect, or any professional for that matter, agrees to do work for a client and there is no agreement on the remuneration payable, does that mean that the professional is not entitled to payment for any work done?

Our courts have recently started to emphasise the importance of tenderers complying with the tender rules laid down by organs of State.

The amended BEE Codes were published in the Government Gazette of 11 October 2013.