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NEWS ITEM
The Basics On Corporate Governance – What Does it really Mean?
Corporate governance generally refers to the way in which a company is run and controlled; with specific reference to a company’s directors. The principal, furthermore, loosely refers to the documents and regulatory regime in terms of which such control is exercised....
Removing Trustees – Not Such an Easy Task…
A trust is defined as "A relationship created at the direction of an individual, in which one or more persons hold the individual's property but subject to certain duties to use and protect it for the benefit of others." In Agricultural Bank of SA v Parker 2005 2 SA...
Is an Interim Order of Court Appealable?
In the recent Supreme court of appeal case, United Democratic Movement and another v Lebashe Investment Group (Pty) Ltd and others [2021] JOL 49361 (SCA), our Courts’ position on the appealability of interim orders were once again considered. In various...
The Digital Turn Of Banking
Traditionally banks provided the function of acting as an intermediary between a client and endpoint chosen by such client. However, with the recent turn towards all things digital, banks now offer a variety of services at the touch of your fingertips. However, as...
Conciliation Proceedings: No show for the Respondent!
Conciliation is a crucial stage of resolving labour-related issues in a speedily and cost-effective manner, especially for the benefit of the parties, but more importantly, the vulnerable employees' sector of our society. The Labour Relations Act, 66 of 1995 (the...
The Use of Electronic Signatures for E-Commerce
Originally, seals were affixed to documents as a means of authenticating the content within documents. Thereafter, signatures were attached to documents for this purpose. We are currently in the electronic age, where large numbers of electronic documents are created....
Court overturns BBBEE pre-qualification
It has become a usual requirement for tenders to have pre-qualification criteria, especially including its BBBEE compliance level. The recent supreme court of appeal case, Afribusiness NPC v The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140 (2 November...
Thinking of resigning because continued employment has become intolerable – think again
More often than not, where an employee resigns because continued employment has become intolerable to such an extent that the employee has no other alternative but to resign, such employee will claim constructive dismissal. The reality is, constructive dismissals are...
Ways in which businesses can approach the uncertainty of different majorities required in order to amend a business rescue plan (‘BRP), or to adjourn a meeting concerning a BRP:
Section 151 of the Companies Act 71 of 2008 requires a business rescue practitioner to convene and preside over a meeting of creditors within 10 days after publication of the proposed BRP - in order to adequately consider the BRP. However, the Companies Act then...
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