Feature Articles

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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Ways to curb expert bias

By Dr Izette Knoetze-le Roux The expert’s function, is an exceptional one: To provide assistance to courts in cases where the court is unable to, because of lack of specialised […]

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The challenge of mediation between parties with different world views

By JP Venter In mediation, parties endeavour to reach some common ground to resolve their disputes or conflict. One assumes that by getting parties together around the same table, that […]

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Trust assets and accrual claims at divorce: The SCA opens the door

By Bradley Smith In the article ‘Community of property and accrual sharing in terms of the Matrimonial Property Act, 1984 – Part 2’ (1985 (Feb) DR 59) Professor Andreas van […]

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