COVID-19 And The COID Act What You Should Know Before You Compel Your Employees to Work During Lock Down

By Lauren Squier, Associate and Phathutshedzo Ratshitanga, Candidate Attorney Introduction We are now well into the national lockdown in the fight against COVID-19. A recurring question within this period has been whether employers can expect their employees to leave the safety of their homes and keep working for them and the possible consequences that can
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The Effects of Business Rescue on Employees and Employers

By Lindokuhle Mashilo, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction The devastating economic effects posed by the Corona Virus Disease 2019 (COVID-19) have left many South Africans wondering whether their jobs are on the line and many business owners fighting against the odds to ensure their businesses’ survival. One way to negate the adverse
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The Publication Requirements of Business Rescue

By Elani Vogel, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction  Once a company has been placed into business rescue, it is vitally important for the respective processes to be properly followed. Chapter 6 of the Companies Act 71 of 2008 (“the Act”) stipulates that the respective Notices, required to place a company into business
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Basics of business rescue & its impact on property transactions

By Candidate Attorney INTRODUCTION Business rescue was introduced into South African law with the commencement of the new Companies Act No 71 of 2008 (“the Act”), being effective on 1 May 2011.  Business rescue enables a company, with minimal or no cash-flow, to restructure, while obtaining some “breathing room”. Business rescue is a rehabilitation mechanism,
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Covid-19 and Force Majeure in Construction Contracts: How the JBCC Protects Both Client and Contractor

By Nicole Rens, Candidate Attorney Introduction This article will discuss force majeure in relation to the relevant clauses of the Joint Building Contracts Committee Principal Building Agreement, 2000 Edition 5.0 (Reprint 1) (“JBCC”) regarding its enforcement and the rights pertaining to the Contractor and Employer respectively, during this Covid-19 outbreak. Important Definitions In order to
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Shareholders’ rights during Business Rescue proceedings.

By Mohau Ledwaba, Associate and Stefano de Gouveia and Candidate Attorney Introduction Business rescue is regulated by Chapter 6 of the Companies Act 71 of 2008 (the “Act”) with the aim to facilitate the rehabilitation of a company from what the Act defines as being financially distressed, as an alternative to liquidation, for a better
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WORKING FROM HOME IN SECTIONAL TITLE SCHEMES

By Chantelle Gladwin-Wood (Partner), Lauren Squier (Associate), MarcGevers (Candidate Attorney) and Jarrod van der Heever (CandidateAttorney) Introduction COVID-19 has irrevocably changed and challenged the way that we do business in South Africa and the rest of the world.  Businesses have been forced to operate from home where possible and, as a result, they are discovering
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CREDIT INSURANCE AND COVID-19

By Justin Sloane, Partner & Tayla Bruce, Candidate Attorney INTRODUCTION COVID-19’s economic effect has left many consumers and businesses in dire need for what is termed a “payment holiday” in respect of their current credit owed to banks, landlords, suppliers and varying financial institutions. As a result, some of South Africa’s major banks have agreed
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INCOME PROTECTION POLICIES AND COVID-19

By Justin Sloane, Partner & Tayla Bruce and Candidate Attorney INTRODUCTION COVID-19’s hard-hitting economic impact is bound to place an insurmountable number of jobs and livelihoods at risk. Individuals may fall ill during this time, be made redundant by their employer, or fall victim to their business having to close down. All of these options
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Understanding SASRIA Cover and why it is essential during the COVID-19 Lockdown

By Lauren Squier, Associate Designate and Alisha Naik and Candidate Attorney INTRODUCTION The period of lockdown presently being experienced by South Africans – in response to the COVID-19 pandemic – has resulted in confusion and uncertainty relating to insurance policies, as well as the extent of the cover awarded thereunder. Both individuals and businesses are
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