Feature Articles

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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When good close corporations go bad

By Edrick Roux and Lucinda Horn ‘Enjoy the little things, for one day you may look back and realise they were the big things’ Robert Brault. This is both a […]

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Changes in the NCA and the interpretation of the reinstatement mechanism

By Arno Duvenhage The judgment of the Constitutional Court (CC) in Nkata v FirstRand Bank Ltd 2016 (4) SA 257 (CC) resulted in a paradigm shift within the legal fraternity […]

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Holding delinquent directors personally liable

By Emile Myburgh One of the fears expressed on the new Companies Act 71 of 2008 (the new Act), before it entered into force on 1 May 2011, was about […]

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A cautionary tale about the purchase of trust property by trustees

By Edrick Roux and Lucinda Horn We have all heard the age old adage that opportunity only knocks once, which at face value seems like encouragement to pursue an opportunity […]

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An unspooled tape – copyright law in need of fixing

By Jenalee Harrison Copyright law in many countries has been used to limit parallel importation of goods into a country without the express permission of the copyright owner. These imports […]

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