How do Section 78(5) Re-Valuations Work?

Written By Chantelle Gladwin-Wood, Partner; Lauren Squier, Associate; and Kirsten Chetty, Associate Introduction Over the last few weeks, Schindlers has received an influx of reports confirming that the City of Johannesburg Metropolitan Municipality (“COJ”) is currently embarking on a process of conducting section 78(5) valuation reviews. This process entails COJ the reconsidering the current valuation
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Directors’ Duties to a Company when Considering Business Rescue

By Kirsten Chetty, Associate Edited by Dean Wright, Partner and Dominique Lloyd, Senior Associate With the enactment of the Companies Act 71 of 2008 (the “Act”) and the introduction of business rescue proceedings, ‘rescue culture’ has become solidified in South African company law.  What is business rescue?  Business rescue is a process which aims to
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Tusk Construction Support Services (Pty) Ltd and Another v Independent Development Trust (Case no 364/2019) [2020] ZASCA 22 (25 March 2020)

BACKGROUND This matter was heard by a full bench of the Supreme Court of Appeal with leave of the court a quo, being the High Court of South Africa, Gauteng Division, Pretoria. In the main action, Tusk Construction (Pty) Ltd (“the First Appellant”) and Joint Equity Investments (Pty) Ltd (“the Second Appellant”) sued the Independent
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The Legal Implications of Spreading Misinformation and Fake News about Coronavirus (COVID-19)

With the rise of the Coronavirus (COVID-19) we have all experienced an immense influx of information, which can at times be overwhelming and inadvertently lead to mass hysteria. This hysteria is further amplified with the spread of misinformation and fake news. Often the information we are exposed to on the various social media platforms is
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A S and Another v G S and Another (D12515/2018) [2020] ZAKZDHC 1 (24 January 2020)

BACKGROUND In this matter, a 72 (Seventy Two) year old housewife (“main Applicant”) instituted proceedings against her husband (“main Respondent”) on the basis of public interest to obtain a declaratory order to have sections 21(1) and 21(2)(a) of the Matrimonial Property Act 88 of 1984 (“MPA”) be declared unconstitutional and that all marriages concluded in
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Nedbank Limited v Master of the High Court and Another (43581/16) [2019] ZAGPJHC 393 (31 October 2019).

SUMMARY This matter concerned the claim for remuneration and expenses of a Business Rescue Practitioner (the “BRP”) when business rescue has failed and been converted into a liquidation, and particularly the order of preference of the BRP’s claim on the liquidation of the company concerned. In 2010, Nedbank Limited (“the Applicant”), loaned funds to Fima
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Grobler v Master of the High Court and Others (645/2018) [2019] ZASCA 119 (23 September 2019).

SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether an unsigned will constituted the deceased’s last will and testament. The Appellant in this matter is the deceased’s widow (his second wife) and the Respondents are the deceased’s biological children, born of his marriage to his first wife, as
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NPGS Protection and Security Services CC & another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)

SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether the Johannesburg High Court (“the court a quo”) was correct in granting summary judgment against the First and Second Appellants (“Appellants”). Should this question be answered in the affirmation, the question then would be whether the court a quo
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Stephanus de Lange NO v The Minister of Water Environmental Affairs (81/2018) [2019] ZASCA 59 (17 April 2019).

SUMMARY This matter dealt with the question of prescription insofar as it relates to the Appellant’s claim for damages against the Minister of Water and Environmental Affairs (the “Respondent”) for the loss suffered as a result of the Respondent’s alleged unlawful failure to maintain an irrigation canal. The failure, on the part of the Respondent,
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Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd (298/2017) [2018] ZASCA 23 (22 March 2018).

SUMMARY Background In December 2014, a tender for the removal of waste from Palabora Copper’s (Pty) Ltd (“Palabora”) mine and smelter was awarded to Motlokwa Transport & Construction (Pty) Ltd (“Motlokwa”). This award was confirmed in correspondence (“Notice of Contract Award”) which was addressed to Motlokwa from Palabora and subsequently signed by a representative of
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