Case Note: Engelbrecht v Coleman and Another (20951/2016) [2017] ZAGPJHC (2 February 2017)

Summary This case concerns the Court’s role in issuing directions/making an order with regards to the valuation of, and determination of the fair value of the shares in the Company where there is a deadlock between shareholders. Therefore, the applicability of s163(2)(e) of the Companies Act 71 of 2008 (“the Act”) is challenged insofar as
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Business Rescue: No Protection from Eviction in the Companies Act

By Maike Gohl, Associate and Charlotte Clarke, Candidate Attorney   Introduction This article examines the case of Kythera Court v Le Rendez-Vous Cafe CC and Another 2016 (6) SA 63 (GJ), which deals with the eviction of a close corporation undergoing business rescue proceedings in terms of s 129 of the Companies Act, 71 of
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Three Strikes Rule – Is It Out?

This article considers whether the “Three Strikes Rule” that is often utilised by landlords to create an instant cancellation mechanism in the event of a tenant repetitively breaching a lease, is still valid in terms of the amendments made to our Common Law of Landlord and Tenants by the Consumer Protection Act 68 of 2008
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NERSA’s Reseller’s Guidelines

This article considers the legal implications for various parties of NERSA’s recently published Reseller’s Tariff, with specific reference to the impact on property owners and managers within the jurisdiction of the City of Johannesburg Metropolitan Municipality (“COJ”). The authors only consider certain aspects of the Reseller’s Guidelines; a full exposition of same is beyond the
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The VAT Implications for the Supply of Services to Foreigners within South Africa

This article discusses the issue of whether services that are rendered to foreigners within South Africa are zero rated for VAT in terms of the Value Added Tax Act 89 of 1991 (the “VAT Act”). XO Africa Safaris CC (“XO Africa”) was a registered VAT vendor who assembled tour packages to foreign tour operators who
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What the Consumer Protection Act Means for Commercial Property Owners

Introduction Commercial property owners who lease out their properties must ensure that they are fully informed of the provisions of the Consumer Protection Act 68 of 2008 (the “Act”) as it places onerous requirements on “suppliers” as regards the management of lease agreements for the purposes of protecting “consumers”. A “consumer” (as defined in the
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Case Note: Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash & Another

Summary This case concerns an appeal to the Supreme Court of Appeal (SCA) wherein the court upheld an appeal against a decision of the High Court of KwaZulu-Natal. The High Court a quo found that it was not permissible for a written agreement, which required cancellation to be in writing and signed by the parties,
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Unlawful Conduct of Debt Collectors

This article examines what it is legal (and not legal) for debt collectors to do when collecting debt from customers. Regulation of Debt Collectors The conduct of debt collectors is regulated by the Debt Collector’s Act, as well as by our common law relating to harassment, intimidation and other criminal acts of a similar nature,
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Case Note: CSARS v Capstone 556 (Pty) Ltd (20844/2014) [2016] ZASCA 2 (9 February 2016)

Summary Capstone (“the Respondent”) acquired shares as a result of restructuring a JSE listed company, namely Profurn Limited (“Profurn”). During 2001, Profurn found itself in serious financial difficulty and so a “rescue plan” was formulated to rescue Profurn. The rescue plan was complicated and involved high risks that required approximately 5 years to implement. At
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De-registration of Home Owner’s Associations

The aim of this article is to explain the consequences of the de-registration of Home Owners’ Associations in the Companies Office, and the actions necessary to bring such entities out of de-registration and restore their registration status. Does this affect all Home Owners’ Associations? No. This is only applicable to Home Owners’ Associations that are
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