Feature Articles

Simulated agreements: Dressing up transactions

By Chantelle Humphries and Don Mahon The application of the National Credit Act 34 of 2005 (the NCA) can have onerous consequences for money lenders. It requires strict compliance with […]

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Providing legal aid to indigent mental health care users

By Moffat Ndou Section 15 of the Mental Health Care Act 17 of 2002 (MHCA) provides that a mental health care user is entitled to representation, including a legal representative. […]

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What does ‘fair wear and tear’ mean in the context of a lease agreement?

By Madeleine Truter The phrase ‘fair wear and tear excepted’ is commonly used in lease agreements. It is, therefore, essential to understand what the phrase really means. In order to […]

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Possible consequences of the ‘failure’ of an adopted business rescue plan

By Zolani Buba The new Companies Act 71 of 2008 (the Companies Act) has introduced a regulatory regime aimed at providing an opportunity for companies struggling financially to obtain a […]

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Identifying the beneficial owner

By Nkateko Nkhwashu Coming to the realisation that the traditional methods of trying to hide or introduce illicit proceeds to the formal financial system(s) were fairly easy to detect and […]

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Does the electorate have effective remedies under the South African Electoral System?

By Makhosi Poyo The recent service delivery protests, characterised by the destruction of public property, as well as occasional loss of lives by some protestors have left some gasping with […]

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Drilling for the meaning of words: The SCA’s interpretation of patent claims

By Ryan Tucker Sometimes we, as attorneys, comment on cases where new precedents are set, or new principles espoused, to deal with a set of circumstances not yet faced by […]

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Washing money: The different forms of money laundering

By Jason de Mink The United Nations (UN) estimates that the amount of money laundered in a year is between 2% to 5% of global gross domestic product (GDP), or […]

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Legal framework for acquisition by a company of its own shares

By Mlunghisi Duncan Tlemo A procedure for acquisition by a company of its own shares is primarily regulated by the provisions of ss 46 and 48 of the Companies Act […]

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Is there an onus to prove an impairment of dignity in discrimination cases?

By Kershwyn Bassuday The purpose of this article is to determine whether the recent amendments to the Employment Equity Act 55 of 1998 (EEA), specifically s 11(2), relate to the […]

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