By Marius van Rensburg – Head of Conveyancing and Partner INTRODUCTION With the expansion of e-commerce and the growing use of digital technology in the business world, the Electronic Communications and Transactions Act 25 of 2002 (ECTA) enacted in 2002, has made it easier than ever to facilitate electronic communications and transactions online, via e-mail,

By Wesley Pons, Associate and Elani Vogel, Candidate Attorney 1. Introduction On 16 April 2020, the Intergovernmental Fintech Working Group (“the IFWG”) published its position paper on crypto assets, providing specific recommendations for the development of a regulatory framework for crypto assets in South Africa (“the position paper”). The IFWG is a body of several

Written by David Hepburn, Partner, Jayna Hira, Associate, and Wade Jacobs, Candidate Attorney INTRODUCTION The National Treasury and SARS have implemented measures to assist taxpayers to keep afloat and meet their financial obligations towards their employees and suppliers. In order to apply for requisite tax relief, a taxpayer must be tax compliant, and all tax

LANDLORD & TENANT GUIDELINES CAN A LANDLORD PLACE A TENANT IN BREACH DURING THIS TIME? Yes- If the tenant is in breach, the landlord is entitled to exercise its rights by giving written notice to the tenant as directed by their lease agreement. CAN A LANDLORD CANCEL THE LEASE IF THE BREACH IS NOT RECTIFIED?

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

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

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

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

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