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Diener N.O v Minister of Justice and Others: The Risks Facedby Business Rescue Practitioners

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
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City of Johannesburg’s Expanded Social Packages

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
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The Powers of a Business Rescue Practitioner

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
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Lease Agreements and Business Rescue: What HappensWhen a Lessee Enters into Business Rescue Proceedings?

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
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THE LEGAL POSITION OF PERSONS INCAPABLE OF MANAGING THEIR OWN AFFAIRS

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
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