By Anja Van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner Introduction The chances of any landlord or tenant coming out of the COVID pandemic unscathed are very low. Now, more than ever, the chances of a landlord being placed in the same position as if the breach had never occurred by way of the recovery

By Chantelle Gladwin-Wood, Partner; Lisa Schmidt, Associate andAyanda David Katjitae, Associate Introduction Many owners living in sectional title schemes fail to pay their levies on time or at all in terms of their management contracts.  Management contracts (which are contracts that deal with the obligations and duties of the managing agent as prescribed by the

By Lisa Schmidt, Associate and Ayanda David Katjitae, Associate Introduction This article will address the implications of level 3 lockdown regulations in sectional title schemes and homeowners’ associations (“community schemes”). Movement Within Community Schemes During level 5 and 4 of lockdown, owners and tenants living in sectional title schemes were required to remain within their

By Elani Vogel, Candidate Attorney and Justin Sloane, Partner Introduction The purpose of this article is to provide the reader with a basic overview and understanding of the remedies against domestic violence and harassment. On 13 May 2020, President Cyril Ramaphosa noted during his address to the nation that, during the period of the National

By Snazo Tuswa and checked by Jordan Dias    Background The matter is premised on the provisions of section 345(a)(i) of the repealed Companies Act 61 of 1973 (“the Act”), which provides that a company will be deemed to be unable to pay its debts if the creditor of said company has served a demand

By Elani Vogel, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction The Supreme Court of Appeal (“SCA”) judgment of Diener N.O. v Minister of Justice and Others (926/2016) [2017] ZASCA 180 has significant implications for business rescue practitioners (“BRPs”) when applying for the conversion of a business rescue into a liquidation.  Background Mr Ludwig Diener

By Marc Barros Gevers, Candidate Attorney and Chantelle Gladwin-Wood, Partner Introduction The City of Johannesburg (“The City”) has a number of financial assistance measures in place for its consumers. Each of these measures has their own specific requirements that a consumer would have to meet in order to qualify. Examples include the Pensioners’ Rebate and

By Sean Buskin, Candidate Attorney and Caitlin Wilde, Partner Introduction The purpose of this article is to provide the reader with a basic and general understanding of what section 140 and section 141 of the Companies Act 71 of 2008 (“the Act”) entails, with specific reference to the powers which a business rescue practitioner holds

By Dean Scher, Candidate Attorney and Caitlin Wilde, Partner Introduction Economic uncertainty has affected every stratum of society. This article seeks to explore the practicalities of the business rescue process and the effect of entering into business rescue on a contract of lease. The purpose of the business rescue procedure, as enacted under the Companies

INTRODUCTION Our law requires that parties to legal agreements must have the necessary mental capacity, i.e. be able to understand the nature, purpose and consequences of their actions. This article will demonstrate what is required when a person with diminished mental capacity, resulting from mental illness, brain injury, a stroke, dementia, incapacity related to aging