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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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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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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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Illegal Buildings

This article examines the legal rights of property owners and occupiers when dealing with illegal buildings (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, or title deed condition or restrictive covenant). The Law This issue
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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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