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Preferred or not preferred – the super preferent status of a business rescue practitioner in subsequent liquidation proceedings
23 May 2018 Business Rescue, Restructuring & Insolvency

Preferred or not preferred – the super preferent status of a business rescue practitioner in subsequent liquidation proceedings

The Supreme Court of Appeal provided clarity in Diener N.O. v Minister of Justice & Others (926/2016) regarding the ranking of the business rescue practitioner’s (BRP) claim for remuneration and expenses. The SCA also clarified whether such claim was conferred a “super preference” over all creditors, secured and unsecured in subsequent liquidation proceedings.

Does an arbitration award create a new debt?
23 May 2018 Dispute Resolution

Does an arbitration award create a new debt?

The somewhat conceivable tension between the Arbitration Act, 1965 and the Prescription Act, 1969 has received a lot of attention from the courts recently. In the main, the issues are whether an arbitration award creates a new debt and whether a claim to make an arbitration award an order of court prescribes within three years of its publication in terms of the Prescription Act. In the recent case of Brompton Court Body Corporate v Khumalo (398/2017) [2018] ZASCA 27 (23 March 2018) the Supreme Court of Appeal (SCA) grappled with these questions and provided some guidance.

Unprotected strike action and the effect of employer-issued ultimata
22 May 2018 Employment

Unprotected strike action and the effect of employer-issued ultimata

NUMSA; KD Kutu and 352 others v IG Tooling and Light Engineering (Pty) Ltd (LC) unreported case no JS763/06 (15 May 2018) dealt with numerous legal issues emanating from unprotected strike action. This alert focusses on one of those legal issues, namely the effect of the ultimata issued by the Respondent employer in this matter, IG Tooling and Light Engineering (IGT).

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Another hurdle for commencing fracking - South African court declares fracking regulations unlawful
13 November 2017 Mining & Minerals

Another hurdle for commencing fracking - South African court declares fracking regulations unlawful

The plans of companies seeking to commence with deep drilling or hydraulic fracturing (fracking) in parts of the Karoo exceeding 120,000km² hit a stumbling block after the Eastern Cape High Court declared the Regulations for Petroleum Exploration and Production (Fracking Regulations) invalid on 17 October 2017 in the case of John Douglas Stern N.O. and Others v Minister of Mineral Resources. The court held that the Minister of Mineral Resources (Minerals Minister) lacked the authority to promulgate the Fracking Regulations and that they were not published in a procedurally fair manner.

I Decide = I Am Exhibition
8 November 2017 Pro Bono & Human Rights

I Decide = I Am Exhibition

“I isolated myself because people thought I was seeking attention. I was sent to Bara hospital more than five times. Every time I was discharged I experienced rejection from some of my family members including those I stayed with. People with the same diagnosis as me must not listen to the nasty things that people say because if they are not strong enough they might end up being suicidal.”

Without prejudice correspondence: Admissible or inadmissible?
8 November 2017 Dispute Resolution

Without prejudice correspondence: Admissible or inadmissible?

The recent judgment of Rogers J in the case of AD and another v MEC for Health and Social Development, Western Cape 2017 (5) SA 134 (WCC) has shed further light on the admissibility of without prejudice communications and the exceptions thereto. The general rule applied in the South African courts is that without prejudice communications are inadmissible and cannot be used by either party in evidence in trial proceedings. However, certain exceptions have developed.

Lower costs – that’s the best medicine
8 November 2017 Dispute Resolution

Lower costs – that’s the best medicine

Niekara Harriellal wants to be a medical doctor. So strong is her desire to achieve this goal that she was willing to fight the University of KwaZulu-Natal all the way to the Constitutional Court. Most people know how coveted a placement in a South African university medical programme is. Competition is tough. When Ms Harriellal’s 2015 application to the MBChB degree was rejected, she applied again in 2016 as a “mature student”, having registered in 2015 for the Bachelor of Medical Science (Anatomy) course. Again, she faced rejection.

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Downfall by
2 February 2008 Dispute Resolution

Downfall by "Domicilium"

It is common practice to include a domicilium address where service of notices may be delivered.

Mother in law to the rescue?
2 February 2008 Dispute Resolution

Mother in law to the rescue?

Christos Costas had two substantial judgements granted against him. He decided to sell his holiday home in Cape Town.

A name is worth a thousand suits
1 February 2008 Dispute Resolution

A name is worth a thousand suits

The Supreme Court of Appeal recently handed down a decision confirming that a name can be protected against any unauthorised use or publication.

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Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.