Publications

Final Liquidation Order does not dismiss Business Rescue Opportunities

The process of business rescue as provided for in the Companies Act 71 of 2008 (“the Companies Act”), which although is still experiencing some teething issues, has become well established within business practice and has [...]

Consumer Protection Act and its application to residential leases- is it in the ordinary course of business of the lessor?

In order for the Consumer Protection Act 68 of 2008 “CPA” to apply to a lease agreement, the lessee must qualify as a consumer, and the lessor must qualify as a supplier as defined in [...]

An overview on general notarial bonds (“GNB”)

A mortgage is classified as a limited real right and therefore the mortgage limits the rights of ownership of the mortgagor while providing the mortgagee with certain limited rights to the property. The mortgagor may [...]

Final Liquidation Order does not dismiss Business Rescue opportunities

The process of business rescue as provided for in the Companies Act 71 of 2008 (“the Companies Act”), which although is still experiencing some teething issues, has become well established within business practice and has [...]

Suing a Foreign Company

Jurisdiction refers to the ability of a particular court to hear a matter which has been brought before it and to grant the appropriate relief in respect thereof. Generally, South African courts enjoy jurisdiction over [...]

Is it a Sign(ature)?

When an agreement contains a non-variation clause, it is settled law that the agreement cannot be altered by oral agreement between the parties.  From the locus classicus this mechanism has become known as the Shiffren [...]

Broad application of Section 197 of the Labour Relations Act

Section 197 of the Labour Relations Act No. 99 of 1995 (“the Labour Relations Act”) provides that if a transfer of a business takes place - the new employer is automatically substituted in the place [...]

Unlawful Levying of Interest and Contractual Implications

A warning regarding charging interest on deferred payments – the recent SCA judgment in Vesagie NO & others v Erwee NO & another (734/2013) [2014] ZASCA 121 (19 September 2014) confirms that the sale contract [...]

Attendance of international event

Pieter van der Merwe attended the Globalaw European meeting in Madrid Spain. earlier in March. His report was that it is evident from the discussions with colleagues within the group that it seems that the [...]

Signature of an agreement: how important is it?

Aside from various types of legal documents where signature of the parties is required by law (such as an agreement to dispose of a real right in land as contemplated in the Alienation of Land [...]