Practice area

Catch 22 – Directors’ duties under s 129(7) of the Companies Act

By Dirk Kotzé It is trite that the ultimate fate of a financially distressed company that is unable to pay its creditors is liquidation. Once in liquidation, and should creditors […]

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Which road to choose? Action or Application

By Vuyo Mkwibiso Attorneys are often faced with the difficult choice of whether to institute legal proceedings by application on notice of motion supported by affidavits, or by summons initiating […]

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Justice Department responds to Legal Practice Bill submissions

By Kim Hawkey Following the public hearings on the Legal Practice Bill (B20 of 2012) in February, on 19 and 20 March the Justice Department (the department) presented its responses […]

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Rectifying the Mvumvu disparity – The Road Accident Fund (Transitional Provisions) Act 15 of 2012

By Decide Makhubele The Road Accident Fund (Transitional Provisions) Act 15 of 2012 (the transitional Act) came into operation with effect from 13 February 2013. The transitional Act was introduced […]

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Rescued by a referee

By Riaan Odendaal There are some matters that many litigation lawyers dread due to the nature of the dispute and the wide ambit of the issues in dispute. One such […]

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A matter of interpretation – Acknowledgments of debt and the National Credit Act

By Ariana Omar The National Credit Act 34 of 2005 (NCA) was introduced to create a fair, transparent, accessible and responsible credit market in South Africa, aimed at protecting  con­sumers […]

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Balancing deprivation of liberty & quantum of damages

By Thulani Nkosi There has been a general acknowledgment by the courts that the right to liberty is one of the most important rights afforded to a person. This has […]

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Employment law update – Does s 197 apply to franchise agreements?

PE Pack 4100CC v Sanders and Others (LAC) (unreported case no PA 08/10, 22-1-2013) (Davis JA) By Moksha Naidoo Does s 197 of the Labour Relations Act 66 of 1995 […]

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Employment law update – Section 197 – appointment of new service provider

By Talita Laubscher and Monique Jefferson In Franmann Services (Pty) Ltd v Simba (Pty) Ltd and Another [2012] 12 BLLR 1293 (LC) the applicant, Franmann, sought an order declaring that […]

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Door closed on common law contingency fees

De la Guerre v Ronald Bobroff & Partners Inc and Others (GNP) (unreported case no 22645/2011, 13-2-2013) (Fabricius J) The South African Association of Personal Injury Lawyers v The Minister […]

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