Publications

VDMA ranked as Top Law Firm in South Africa for Unlisted Transactions Deal Value for First Quarter 2015 by leading industry publication Dealmakers

The Ratings are as follows:   We would like to take this opportunity to say a big thank you to our valued clients who have entrusted us with their transactional work in the first quarter [...]

The Constitutional Court’s stance on Mr Shuttleworth’s case

In the South African Reserve Bank and Another v Shuttleworth and Another (CCT194/14, CCT199/14) [2015] ZACC 17 (18 June 2015), the case which has been deliberated extensively and contended through the hierarchy of the South [...]

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 [...]