global $post; if (!isset($post_to_use) || !is_object($post_to_use)) { $post_to_use = isset($post) ? $post : get_post(); }

Company law

Issuing shares to raise essential funding yet diluting existing shareholders

Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another v Redpath Mining (South Africa) (Pty) Ltd and Another [2024] JOL 64621 (GJ) Directors may issue shares to raise capital (Hogg v […]

Read more

Application of s 163(2)(d) of the Companies Act 71 of 2008 in to the obligation of a developer to pay levies: Circumstances under which a homeowners association may be ordered to amend its memorandum of incorporation

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another (GP) (unreported case no 46115/21, 18-12-2023) (Collis J) I acted for the applicants in […]

Read more

When ‘good cause’ is not good enough: An analysis of the Companies Tribunal’s approach to AGM extensions

Transparency and shareholder engagement are two of the cornerstones of proper corporate governance. It is crucial that a company’s affairs are managed in a manner that provides for transparency, accountability […]

Read more

Unleashing the power of set-off: A game-changer in business rescue proceedings

The principle of set-off is a common law principle that applies when two parties have reciprocal claims against each other and such claims are identical, each party may then set-off […]

Read more

May the real shareholder please stand up!

On 1 April 2023, amendments to the Companies Act 71 of 2008 (the Companies Act) came into effect. One of the key amendments is in respect of s 56, which […]

Read more

Do company policies have to be complied with?

Employers must make sure that when new policies are put into effect, they consult employees. To consult with employees is to say to them, for example, ‘I have intentions of […]

Read more

Public and private bodies: What is the difference?

This article aims to advance the distinction and narrative between public and private bodies. These differences reiterate the distinction between not only the function of the bodies but also the […]

Read more

When can a company successfully resist a winding-up application based on a counterclaim?

A well understood principle in South African common law; is that a creditor of a company is entitled to apply to court for an order to compel the winding-up of […]

Read more

Who can and cannot represent companies in South African courts?

Investec Securities (Pty) Ltd v Corwil Investments Holdings (Pty) Ltd and Others (GJ) (unreported case no 2021/11126, 20-7-2022) (Wepener J) Perhaps it will be helpful to begin with the 1960s […]

Read more

Public interest justification for mergers – the need for legal certainty in approach to s 12A(3)(e)

One of the cornerstones of the South African Constitution is the achievement of equality. The duty to achieve a South Africa (SA) for all, is widely recognised by laws and […]

Read more
De Rebus