Covid-19 and the national lockdown: government support to employers/employees through the COVID19 TERS

By Pierre van der Merwe – Partner, Jordan Dias – Associate and Alisha Naik – Candidate Attorney Updated in line with the amended Directive issued by the Department of Labour as at 8 April 2020 1. Introduction The COVID-19 pandemic has presented an unparalleled level of economic uncertainty in South Africa.  The spread of the
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COVID-19 BLOCK EXEMPTION FOR THE RETAIL PROPERTY SECTOR

By Kyle Venter, Candidate Attorney and Anja van Wijk, Senior Associate Introduction This article explores the legal implications of a recent notice gazetted by government on the 24th of March 2020. The notice comes in light of the recent developments unfolding in South Africa emanating from the COVID-19 outbreak, which has now been declared a
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Measures to be Implemented in Community Schemes during Lockdown

By Lisa Schmidt, Associate and Lauren Squier, Associate Designate Introduction The period of lockdown presently being experienced by South Africans in response to the COVID-19 pandemic has resulted in much confusion and alarm, not least of which amongst members and occupants of sectional title schemes. Many members of society are unsure or unaware of what
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Stearns v Robispec (Pty) Ltd (27949/2017) [2020] ZAGPJHC 42 (9 March 2020)

SUMMARY Mr Bradley Russel Stearns, a 51-year-old man (the “Plaintiff”) sued Robispec (Pty) Ltd (the “Defendant”) in respect of an accident that occurred in a Pick n Pay store which is owned and manged by the Defendant (“the Store”). On 03 April 2017 the Plaintiff ruptured his left bicep as a result of a poorly
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SUSPENDING CONTRACTS IN TERMS OF SECTION 136 OF THE COMPANIES ACT

This article narrowly addresses the power of a business rescue practitioner (“BRP”) to suspend contractual obligations on the part of a distressed company. Readers are advised to consult section 136 of the Companies Act 71 of 2008 (“the Act”) in its entirety before taking any related steps. Once business rescue proceedings commence, all contracts to
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THE EFFECT OF COVID-19 ON RENTAL PAYMENTS AND EVICTIONS

By Anja van Wijk, Senior Associate and Nicole Rens, Candidate Attorney Introduction As the whole country self-isolates in the safety of their homes, landlords and tenants fear the economic backlash of the COVID-19 novel virus. Commercial tenants are advised by the State, and their landlords, to close-up shop and send employees home. These tenants and,
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Testing Positive for Covid-19: Public Health vs Privacy

By Charlotte Clarke, Senior Associate and Jayna Hira, Associate 18 March 2020 Introduction The President of the Republic of South Africa has declared a national state of disaster, in response to the Covid-19 pandemic. Information relating to infected persons, in South Africa specifically, has become a vital resource in managing the spread of the disease
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Meechan and Another v VGA Chartered Accountants Partnership t/a PKF (VGA) Chartered Accountants (7999/2019) [2020] ZAGPJHC 53 (28 February 2020).

SUMMARY The First and Second Plaintiffs (“The Plaintiffs”) are respectively employed as the Chief Operating Officer and Chief Executive Officer, in a company duly registered and incorporated in terms of the company laws of the State of Delaware, USA named Reliance Inc (“FMLR”). FMLR is wholly owned by a Netherlands foundation, FML Asset Management (“FMLAM”).
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10 Frequently Asked Questions About Business Rescue

        1    What is Business Rescue?   Business Rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially distressed, by providing for:   the temporary supervision of the company, and the management of its affairs, business and property by a Business Rescue Practitioner; a temporary moratorium
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The complications of COVID-19 for Commercial Contracts

 By Partner Keane Robertson and Candidate Attorney Stefano de Gouveia      Introduction By now, it is common knowledge that the world stands united in facing the recently declared pandemic relating to the notorious coronavirus (“COVID-19”). Most important during these unprecedented times is the health of people and secondly, the health of businesses and the
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