Practice Notes

No more delays on criminal trials

By Kgomotso Ramotsho The office of the Judge President Gauteng Division of the High Courts of South Africa, released a new Practice Note that intends to remove unnecessary delays in […]

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Young attorneys as brands

By Kim Pietersen The expression, ‘starting at the bottom of the food chain’, is a familiar tune to any candidate attorney. Having just graduated from law school, one steps into […]

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Protection of ‘minority shareholders’ from oppressive or prejudicial conduct under s 163 of the Companies Act: Has anything really changed?

By Siphephelo Mbuli The Companies Act 71 of 2008 (the Act) regulates the legal relationship between the company, as a separate legal entity with its own legal persona (s 19(2)) […]

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The validity of a verbal antenuptial contract

By Magdaleen de Klerk Very few people, even legally qualified ones, are aware of the fact that a verbal (non-registered) antenuptial contract can be binding inter partes because the term […]

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Retirement funding – obligations on the employer

By Andrew Stansfield The Pension Funds Act 24 of 1956 (the Act) imposes a clear obligation on employers to pay over retirement contributions timeously, which in the absence of strict […]

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The Special Voluntary Disclosure Programme: Recent developments

By Robert Gad and Alexa Muller During February National Treasury announced a Special Voluntary Disclosure Programme (the SVDP), which is to apply for a limited window period from 1 October […]

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CPR for companies failing to convene an annual general meeting: The Companies Tribunal

By Siyabonga Vusi Ntshangase The Companies Tribunal (the Tribunal) is established in terms of s 193 of the Companies Act 71 of 2008 (the Act) and has been in operation […]

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Protection offered by s 129 of the National Credit Act

By David Mohale In the recent Constitutional Court judgment of Nkata v FirstRand Bank Limited and Others (The Socio-Economic Rights Institute of South Africa as Amicus Curiae) (CC) (unreported case […]

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The sins of the fathers: Termination of supply and execution against immovable property for a prior owner’s debt

By Chantelle Gladwin and Sean Piveteau This article deals with instances when a municipality is entitled to disconnect and/or refuse to reconnect the supply of services to purchasers of properties […]

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Step-by-step guide to residential housing eviction proceedings in the magistrate’s court

By Tamara Klos In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from […]

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