Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC).

SUMMARY The Constitutional Court (“CC”) handed down its judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (“SCA”), regarding the question as to whether a business rescue practitioner enjoys a “super preference” over all creditors, whether secured or not, during liquidation proceedings, in terms of the Companies
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De Klerk v Ferreira and Others (35391/14) [2017] ZAGPPHC 30; 2017 (3) SA 502 (GP) (2 February 2017)

SUMMARY Dr BJ de Klerk (“De Klerk“) and Mr MJ Ferreira (“Ferreira“) held equal membership interests in Plantsaam Bestuurdienste CC (“Plantsaam“) and equal shares in Benjo Eiendomme (Pty) Ltd (“Benjo”) (herein collectively referred to as the “Entities”). De Klerk and Ferreira were the only members and shareholders of the Entities.   Certain agricultural land was
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De Sousa v Technology Corporate Management (Pty) Ltd and Others; De Sousa v De Sousa and Another (40036/16; 35926/16) [2018] ZAGPJHC 445 (23 February 2018)

BACKGROUND Luis Vaz De Sousa (“Luis”) and Sharon Vaz De Sousa (“Sharon”) were married in community of property. Luis was the registered shareholder of 30% of the shares in Technology Corporate Management (Pty) Ltd (“TCM”). In 2015, Luis and Sharon divorced and an order of divorce was granted but the court had not divided the
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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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