Business Rescue versus Liquidation. The difference between the two mechanisms to help guide you in making the best commercial decision for your business.

By Katya Oberzhitsky (Associate designate) and Caitlin Wilde (Partner)   Introduction   The COVID-19 pandemic has caused mass uncertainty for South African business owners, given the far-reaching economic ramifications it may have on our economy. Many business owners are concerned about what this means for the health and sustainability of their business in the coming
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Bakgaka – Ba – Mothapo Traditional Council v Tshepo Mathule Mothapo & others (926/2018 [2019] ZASCA 130 (30 September 2019)

SUMMARY The issue considered in this appeal was whether a Traditional Council (regulated in terms of customary law) had locus standi to institute action proceedings on behalf of Bakgaka – Ba – Mothapo Traditional Community (the “Appellant”). Furthermore, whether the argument of insufficient number of men/women appointed as councilors to the Premier’s office justified the
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Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019)

SUMMARY On or about 03 November 2014, an employee of Stallion Security (Pty) Ltd (the “Appellant”), namely Mr. Khumalo, murdered Ms Van Staden’s (the “Respondent”) spouse (the “Deceased”), who was employed as a financial manager at the head office of Bidvest Panalpina Logistics (Pty) Ltd (“Bidvest”). The issue considered in this appeal was whether the
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Department: Transport, Province of KwaZulu-Natal v Ramsaran & others (1274/2017) [2019] ZASCA 62 (23 May 2019)

SUMMARY On or about 25 November 2014, combined summons which were signed by Lambert Attorneys, cited the Department:  Transport, Province of KwaZulu-Natal (the “Department”) as the Plaintiff and nine employees of the Department as the Defendants. The particulars of claim to the summons alleged that the Defendants were involved in a fraudulent scheme that caused
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Kekana v Road Accident Fund (206/17) [2018] ZASCA 75 (31 May 2018)

SUMMARY In August 1996, the Appellant (an employee of the the South African Police Service), was involved in a motor vehicle accident and suffered bodily injuries, whereafter a claim for damages was made against the Respondent, The Road Accident Fund (the ”Fund”).   After several settlement offers being made by the Fund during the course
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Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another (CCT82/18) [2019] ZACC 16 (24 April 2019)

SUMMARY Spilhaus Property Holdings (Pty) Ltd and 18 Others (the “Applicants”) are the lawful owners of units in a sectional title scheme, situated in Cape Town (the “Sectional Title Scheme”). Mobile Networks (Pty) Ltd (the “First Respondent”) and Alphen Farm Estate in Constantia (Pty) Ltd (the “Second Respondent”), are the Respondents in the above matter.
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The National Treasury v Kubukeli (20567/2014) [2015] ZASCA 141 (30 September 2015)

SUMMARY The National Treasury (the “First Appellant”) mandated a team of investigators to conduct an in-depth investigation relating to allegations of financial irregularities in respect of the hiring of motor vehicles by the executive mayor of the OR Tambo District Municipality (the “Second Appellant”). Pumlanni Kubukeli (the “Respondent”) is employed by the Second Appellant as the
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