WHAT HAPPENS IF ONE OF THE PARTIES TO A TRANSACTION DIES OR BECOMES INSOLVENT PRIOR TO REGISTRATION

By Marius van Rensburg – Head of Conveyancing and Partner at Schindlers Attorneys INTRODUCTION  Purchasing a house is usually quite stressful owing to the enormity of the implications involved, this can be further compounded by a party to the transaction passing away or going insolvent. In this article we explore the implications of the death/insolvency of
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Doves Group Proprietary Limited v Rousseau and Another (68975/2017) [2020] ZAGPPHC 98 (19 March 2020)

SUMMARY Doves Group Proprietary Limited (the “Applicant”) launched an application against Johan Daniel Etzart Rousseau (the “First Respondent”), and Funeral Industry Reformed Association (the “Second Respondent”)(collectively referred to as the “Respondents”), in order to interdict and prevent the Respondents from posting defamatory information on all social media platforms about the Applicant.  The First Respondent was
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Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm) (23 March 2020)

BACKGROUND The High Court of Justice (Business and Property Courts of England and Wales) (the “Court”) heard a case in which, pursuant to section 69 of the Arbitration Act 1996, Tricon Energy Limited (the “Claimant”) appealed an award granted by the arbitral tribunal (the “Tribunal”). MTM Trading LLC (the “Defendant”) was the owner of the
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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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BUSINESS RESCUE: GIVING YOUR BUSINESS THAT MUCH-NEEDED BREATHING SPACE FROM CREDITORS

By Saul Mayers, Associate 1. Introduction Unforeseeable and unfortunate hardships may befall a company, possibly placing its business in the precarious state known as “financially distressed”. In terms of section 128(1)(f) of the Companies Act No. 71 of 2008 (the “Act”), “financially distressed” in reference to a particular company at any particular time, means that
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Fourie v Geyer (MKP27/2018) [2019] ZANWHC 42 (22 August 2019)

BACKGROUND Last year, the High Court of South Africa, North West Division, Mafikeng (the “Court”), was tasked to consider an application for the payment of an amount of R1 303 120.05 plus interest thereon in terms of an acknowledgement of debt (the “AOD”) concluded between friends in or during August 2015. The applicant launched an
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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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CD & MD v Department of Social Development (5570/2020) WCHC (14 April 2020)

BACKGROUND The Applicants are the biological parents of two minor children (“the children”) who, by virtue of their divorce, are co-holders of parental responsibilities and rights in terms of the Children’s Act 38 of 2005 (“the Children’s Act”). Due to the outbreak of Covid-19, or the Corona virus, the South African Government declared a nationwide
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COVID-19: Cancellations and Postponements and the Consumers Rights to a Refund

By Wesley Pons, Associate, John Mackechnie, Associate, and Alec Veitch, Partner 1. Introduction Globally, major sporting events, festivals, conferences, accommodation, flights and bookings in general have been postponed or cancelled as a consequence of the COVID-19 pandemic. In South Africa many organisers have postponed or cancelled bookings and have stringently sought to impose a blanket
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