Case Notes

Do arbitration proceedings fall within the general moratorium on legal proceedings against a company under business rescue?

By Rudie Kok Chetty v Hart (SCA) (unreported case no 20323/2014, 4-9-2015) (Cachalia JA) Chapter 6 of the Companies Act 71 of 2008, on business rescue proceedings (BRP), has undergone […]

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Pain and no gain – should there be compensation for innocent spouses against third parties? DE v RH (CC) (unreported case no 182/14, 19-6-2015) (Madlanga J)

By Devon Jenkins This story is by no means unique: High School friends become lovers, get married, have children and portray the picturesque middle-class suburban family… until one spouse steps […]

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Constitutional Court in Mhlongo v S; Nkosi v S (CC) (unreported case no 148/14, 149/14, 25-6-2015) (Theron AJ) restores common law position existed before Ndhlovu and Others v S [2002] 3 All SA 760 (SCA)

By Ananias Tshabalala The Constitutional Court (CC) has restored the common law position that extra-curial statements against co-accused are inadmissible. The court held that admitting extra-curial admissions against a co-accused […]

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Illicit outflow of capital from South Africa eliminated by statutory duties placed on directors

Kukama v Lobelo and Others (GSJ) (unreported case no 38587/2011, 12-4-2012) (Tshabalala J) By Muhammad Patel In this article a simple illustration is first given of the concepts of semi-privatisation […]

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Launching business rescue applications in liquidation proceedings – (successfully) flogging a dead horse?

Richter v Absa Bank Limited (SCA) (unreported case no 20181/2014, 1-6-2015) (Mhlantla, Leach, Pillay JJA, Fourie and Dambuza AJJA) By Bouwer van Niekerk A potentially far-reaching decision regarding the launching […]

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Referral rule of Attorneys Act not unconstitutional

Noordien v Cape Bar Council and Others (WCC) (unreported case no 9864/2013, 13-1-2015) (Schippers J) By Nomfundo Manyathi-Jele Schippers J gave judgment dismissing Abubaker Noordien’s application for leave to appeal […]

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Companies – in what circumstances will they be required to furnish security for costs?

Boost Sports Africa (Pty) Ltd v The South African Breweries (Pty) Ltd (SCA) (unreported case no 20156/2014, 1-6-2015) (Ponnan and Mbha JJA) By Ian Chadwick Prior to the advent of […]

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Case note July 2015

Interpretation of s 133(1) of the Companies Act 71 of 2008 – the principle of moratorium re-defined under business rescue Cloete Murray and Another NNO v FirstRand Bank Ltd t/a […]

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Sibisi NO v Maitin: A dual burden of proof?

Sibisi NO v Maitin 2014 (6) SA 533 (SCA) By Liezl Zwart The judgment of Sibisi NO v Maitin 2014 (6) SA 533 (SCA) (see also See 2015 (Jan/Feb) DR […]

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Dally for a day: Spatium deliberandi and the importance of timing

Phillips NO obo Makheta v Beukes (GSJ) (unreported case no 2013/27925, 27-11-2014) (Sutherland J) By Emma Powell and Merlita Kennedy In anticipation of trial, it is common practice for the […]

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