December 2019

Customer due diligence and risk management and compliance programme

In my previous article, ‘How FICA affects you and your legal practice’ 2019 (Oct) DR 6, I explored the requirements of the legal practitioner’s annual statement on trust accounts required […]

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A consideration of r 46A(9) and the setting of court set reserve prices for sales in execution

By Ciresh Singh Over the years there has been much concern about the lack of governance surrounding the sale in execution process. Several courts and academics have expressed concern that […]

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The regional court’s jurisdictional limitation to grant contempt of court in divorce matters

The former divorce court established under s 10(4) of the Administration Amendment Act 9 of 1929 was repealed on 15 October 2010. Consequently, regional courts were seized with jurisdiction. The […]

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The difference between a non-profit company and a non-profit organisation

The idea of giving and helping others (charity) has been around since the beginning of time. Unfortunately, with the passing of time, and as humans became more evolved, charitable organisations […]

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Costs do not follow the result in labour matters

In Long v South African Breweries (Pty) Ltd and Others [2019] 6 BLLR 515 (CC) the employee, following his suspension, was dismissed by his previous employer, South African Breweries (Pty) […]

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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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The law reports – December 2019

October [2019] 4 All South African Law Reports (pp 1-325); 2019 (9) Butterworths Constitutional Law Reports; 2019 (10) Butterworths Constitutional Law Reports This column discusses judgments as and when they […]

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