Publications

Important Announcement !!!

VDMA is proud to announce that as from 05 June 2014 we have been approved by the Oval Table as a South Africa "Magic Circle" law firm bestowing upon us the highest honor achievable in [...]

The Turquand Rule And Its Effect On Directors Acting Without Authority

  Introduction The Turquand Rule was initially intended to mitigate the stark effects of the doctrine of constructive notice by entitling bona fide third parties who contract with a company, to assume that all of [...]

Do Employees Owe a Fiduciary Duty to Their Employer?

Section 76 of the Companies Act No. 71 of 2008, the (“Act”), provides for a partially codified system of directors’ duties.  In terms of this section, a director must always carry out his fiduciary duties [...]

“trading as” – the Legalities

It is common practise that companies often trade under names other than their name which is registered with the Companies and Intellectual Property Commission (“CIPC”), for example “Winsoft (Pty) Ltd t/a Software Industries”.   Logically, [...]

The Legal implications of the Voetstoots clause

  When you buy something there is an implied warrantee that the merx (object of sale) is free from any defects. It is however possible, that one can contract out of this implied warranty by [...]

Voting Rights of Concurrent Creditors in Business Rescue Proceedings

Introduction Concurrent creditors are creditors who have neither secured nor preferent claims against the company and they are paid out of the free residue (i.e. the unencumbered part of the company’s assets) after any preferent [...]

Discussion with the UK Minister of Justice

I was fortunate to be invited to a UK and South African legal services networking event hosted by the  Honourable Minister Shailesh Vara MP, the UK Parliamentary Vice Secretary of State for Justice and UK Trade and [...]

Information Sharing And Anti-Competitive Behaviour

Information sharing between competitors remains a murky area of competition law in South Africa.  It is not always clear when pro-competitive information exchange ends and collusive conduct begins. Let us consider the example below: Company [...]

Void vs Voidable

  An agreement that is unenforceable from the moment it is created is void ab initio (or void from the outset). Examples would be that the contract did not possess any one of the essentialia of [...]

Combatting Money Laundering in South Africa

South Africa has frequent instances of internal fraud and corruption taking place amongst senior management or government officials, being reported daily by the media. Amongst these crimes is that of Money laundering, which poses as [...]