Basics of business rescue & its impact on property transactions

By Candidate Attorney INTRODUCTION Business rescue was introduced into South African law with the commencement of the new Companies Act No 71 of 2008 (“the Act”), being effective on 1 May 2011.  Business rescue enables a company, with minimal or no cash-flow, to restructure, while obtaining some “breathing room”. Business rescue is a rehabilitation mechanism,
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Covid-19 and Force Majeure in Construction Contracts: How the JBCC Protects Both Client and Contractor

By Nicole Rens, Candidate Attorney Introduction This article will discuss force majeure in relation to the relevant clauses of the Joint Building Contracts Committee Principal Building Agreement, 2000 Edition 5.0 (Reprint 1) (“JBCC”) regarding its enforcement and the rights pertaining to the Contractor and Employer respectively, during this Covid-19 outbreak. Important Definitions In order to
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Sectional Title Schemes in Hot Water

By Maike Gohl, Partner and Lauren Squier, Associate Designate Introduction We often see sectional title schemes that have had suffered substantial losses as a result of water leaks, which have resulted in the body corporate becoming liable to the municipalities for hundreds of thousands of Rands, if not millions, as a result of a problem
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Shareholders’ rights during Business Rescue proceedings.

By Mohau Ledwaba, Associate and Stefano de Gouveia and Candidate Attorney Introduction Business rescue is regulated by Chapter 6 of the Companies Act 71 of 2008 (the “Act”) with the aim to facilitate the rehabilitation of a company from what the Act defines as being financially distressed, as an alternative to liquidation, for a better
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WORKING FROM HOME IN SECTIONAL TITLE SCHEMES

By Chantelle Gladwin-Wood (Partner), Lauren Squier (Associate), MarcGevers (Candidate Attorney) and Jarrod van der Heever (CandidateAttorney) Introduction COVID-19 has irrevocably changed and challenged the way that we do business in South Africa and the rest of the world.  Businesses have been forced to operate from home where possible and, as a result, they are discovering
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Understanding the Function of Security Guards in Sectional Title Schemes during the COVID-19 Lockdown

By Lisa Schmidt, Associate and Lauren Squier and Associate Designate Introduction The period of lockdown being presently in force in  South Africa in response to the COVID-19 pandemic is unprecedented.  The conduct of persons during lockdown is regulated by the Regulations to the Disaster Management Act 57 of 2002 (“the Regulations” / “COVID-19 Regulations”), and
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CREDIT INSURANCE AND COVID-19

By Justin Sloane, Partner & Tayla Bruce, Candidate Attorney INTRODUCTION COVID-19’s economic effect has left many consumers and businesses in dire need for what is termed a “payment holiday” in respect of their current credit owed to banks, landlords, suppliers and varying financial institutions. As a result, some of South Africa’s major banks have agreed
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INCOME PROTECTION POLICIES AND COVID-19

By Justin Sloane, Partner & Tayla Bruce and Candidate Attorney INTRODUCTION COVID-19’s hard-hitting economic impact is bound to place an insurmountable number of jobs and livelihoods at risk. Individuals may fall ill during this time, be made redundant by their employer, or fall victim to their business having to close down. All of these options
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Understanding SASRIA Cover and why it is essential during the COVID-19 Lockdown

By Lauren Squier, Associate Designate and Alisha Naik and Candidate Attorney INTRODUCTION The period of lockdown presently being experienced by South Africans – in response to the COVID-19 pandemic – has resulted in confusion and uncertainty relating to insurance policies, as well as the extent of the cover awarded thereunder. Both individuals and businesses are
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CONTACT & CARE TO CHILDREN AMIDST COVID-19 CRISIS

By Nicola Nieuwoudt – Partner, Jeannique Booysen – Associate, and Celeste Frank, Candidate Attorney INTRODUCTION The COVID-19 crisis has not only shocked global healthcare and the world economy to the core but has led to the first National State of Disaster and lockdown in our democracy, with personal lives being affected in an unprecedented manner.
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