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

In Re: Understanding Lockdown Stage 4 Implications Within Sectional Title Schemes and Home owners Associations By Lisa Schmidt, Associate; Lauren Squier, Associate Designate and Ayanda David Katjitae, Associate    Introduction As announced by President Cyril Ramaphosa on Thursday evening (23 April), the country is now in a graded alert level system and phased approach to

By Phathu Ratshitanga and checked by Wesley Pons    Background This is an appeal in which the Supreme Court of Appeal (the “SCA”) upheld the findings of the Gauteng Division of the High Court, Pretoria (the “Trial Court”) where Twala AJ sat as the court of first instance. The issue before the trial court was

By Nicole Rens, Candidate Attorney and Anja Van Wijk, Senior Associate Introduction With level 4 lockdown regulations currently in full force and level 3 lockdown coming up, and with so many laws/regulations being changed sporadically, there are still several unanswered questions regarding the extent of the moratorium in respect of eviction proceedings at present and

By Gary Boruchowitz, Senior Associate and Wade Jacobs, Candidate Attorney Introduction COVID-19 has changed the way that we live, work, and communicate. We have been driven to rely on technological advancements, more so than ever before – particularly through mobile and cloud-based productivity and messaging tools. Educators have had to collaborate to adapt their curriculums

By Lindokuhle Mashilo and checked by Kirsten Chetty Background In this application the Labour Court (“Court”) had to determine whether the dismissal of employees on the basis of operational requirements, prior to the presentation of a business rescue plan (“Plan”) which envisages such retrenchments, was procedurally fair. On or about 5 December 2019, South African