By Graeme Fraser and Veldra Fraser It has been suggested that the modern approach to new legislation is for legislation to provide the framework or skeleton of our legal system […]
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‘The interpretation of statutes or to be more precise, the judicial understanding of the legal rules, deals with those rules and principles which are employed to construct the correct meaning […]
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FirstRand Bank Ltd v Master of the High Court (Pretoria) and Others (SCA) (unreported case no 1120/19, 7-4-2021) (Mabindla-Boqwana AJA (Wallis, Saldulker and Dlodlo JJA and Goosen AJA concurring)) In […]
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In the uncertain economic times that South Africa (SA) is facing, combined with the financial strain that the worldwide COVID-19 pandemic is placing on most businesses, business rescue will unfortunately […]
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The legal framework for business rescue was introduced to South African law with the promulgation of the Companies Act 71 of 2008 (the Companies Act) to ‘provide for the efficient […]
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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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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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By Schalk Bezuidenhout In terms of s 132(1)(a)(i) of the Companies Act 71 of 2008 (the Act), business rescue proceedings commence when a company files a resolution to […]
Read moreLandosec (Pty) Ltd t/a Lasertech v McLaren (ECP) (unreported case no 2231/2015, 3-11-2015) (Smith J) By Bouwer van Niekerk and Harold Smit Does a business rescue practitioner (BRP) become functus […]
Read moreBy Nicole Bell The principle of subrogation is well established in South African law and allows an insurance company to litigate under the name of the insured for the recovery […]
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