Feature Articles

Timing is everything when liquidation proceedings are initiated

Chapter 6 of the Companies Act 71 of 2008 introduced the concept of business rescue into South African company law. Unsurprisingly, as with any new piece of legislation, the business […]

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Winding-up a company – who benefits?

Professor Anneli Loubser, in her lecture on being conferred the honour of professorship in law, stated that in the future it is likely that liquidations will be conducted under the […]

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Where to start when licencing your own stock exchange?

The stock exchange or exchange is a place where people buy and sell securities. Securities, for example, include – bonds; shares; derivative instruments; notes; debentures; and instruments based on an […]

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Superannuation – a common law remedy

Superannuation is the dismissal of a matter due to a delay in prosecuting the matter. It differs from prescription in that proceedings, which interrupt prescription, have indeed been instituted. The […]

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A new future for family law: Significant changes to r 43 applications

On 12 June, the Gauteng Local Division of the High Court in Johannesburg (GJ) delivered a Full Bench judgment relating to r 43 applications. This judgment brings about significant changes […]

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Adding fuel to the fire – what is the remedy to curb violent strikes?

Section 23(2)(c) of the Constitution guarantees the right of workers to strike. Chapter IV of Labour Relations Act 66 of 1995 (LRA) facilitates the exercise of this fundamental right in […]

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Unlocking the issue: When to arrest without a warrant when a dangerous wound is inflicted

In practice, a police officer may arrest a suspect with or without a warrant. In the latter instance only when there are prescribed jurisdictional factors, prior to effecting an arrest. […]

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Jumping from one retirement fund to a rival: Can it be done during your period of employment?

The Supreme Court of Appeal (SCA) in Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others [2016] 4 All SA 761 (SCA) at para 1, highlighted […]

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Should retirement funds be named or identified in divorce orders?

In practice, non-member spouses whose marriages are either in community of property or out of community of property with the application for the accrual system, continue to be frustrated by […]

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Do trust account advocates need a mind shift to deal with FICA?

Generally, legal practitioners operate within a given set of specified rules and procedures. With these, come certainty. Thus, the preference for legislation to be captured in writing, as well as […]

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