The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (General Laws Amendment Act) was fast tracked through Parliament and has the effect of amending five […]
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Ndebele and Another v Industrial Development Corporation of South Africa and Others (GJ) (unreported case no 21687/2021, 25-7-2023) (Strydom J) It is trite that the old Latin phrase – pacta […]
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By Karabo Sekailwe Orekeng The business judgment rule (the rule) is a defence mechanism found in s 76 of the Companies Act 71 of 2008 (the Act). The rule can […]
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Commissioner, South African Revenue Service v United Manganese of Kalahari (Pty) Ltd 2020 (4) SA 428 (SCA) In United Manganese of Kalahari (Pty) Ltd, the taxpayer, United Manganese of Kalahari […]
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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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Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC) It is now trite in South African law that an interpretive procedure includes considering […]
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By Nkateko Nkhwashu The Financial Action Task Force (FATF) is an inter-governmental body that sets policies to counter money laundering and terrorist financing. It implores its member countries to strive […]
Read moreCilliers v LA Concorde Holdings Limited and Others (WCC) (unreported case no 23029/2016, 14-6-2018) (Papier J) By Marvin Petersen In the recent judgment of Cilliers v LA Concorde Holdings Limited […]
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By Basil Kgaugelo Mashabane The purpose of this article is to briefly deal with the mandatory offer requirements in terms of s 123 of the Companies Act 71 of 2008 […]
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By Rico van der Merwe and Melandie Buitendag The concept of business rescue was introduced into South African corporate law through the enactment of ch 6 of the Companies Act […]
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