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The Publication Requirements of Business Rescue

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
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CD & MD v Department of Social Development (5570/2020) WCHC (14 April 2020)

BACKGROUND The Applicants are the biological parents of two minor children (“the children”) who, by virtue of their divorce, are co-holders of parental responsibilities and rights in terms of the Children’s Act 38 of 2005 (“the Children’s Act”). Due to the outbreak of Covid-19, or the Corona virus, the South African Government declared a nationwide
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COVID-19: Cancellations and Postponements and the Consumers Rights to a Refund

By Wesley Pons, Associate, John Mackechnie, Associate, and Alec Veitch, Partner 1. Introduction Globally, major sporting events, festivals, conferences, accommodation, flights and bookings in general have been postponed or cancelled as a consequence of the COVID-19 pandemic. In South Africa many organisers have postponed or cancelled bookings and have stringently sought to impose a blanket
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Directors’ Duties to a Company when Considering Business Rescue

By Kirsten Chetty, Associate Edited by Dean Wright, Partner and Dominique Lloyd, Senior Associate With the enactment of the Companies Act 71 of 2008 (the “Act”) and the introduction of business rescue proceedings, ‘rescue culture’ has become solidified in South African company law.  What is business rescue?  Business rescue is a process which aims to
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Understanding liquidation in relation to immovable property

By Pierre van der merwe and Simone jansen van rensburg INTRODUCTION  Liquidation is a procedure set out in the Companies Act of 1973, it is applicable to companies/close corporations only and not private individuals. Liquidation is a last resort and ultimately results in the demise of the business. The purpose of liquidation proceedings is to dispose
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