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I love it when you talk foreign! Foreign debtors may not be as far away as you think
16 October 2019 Dispute Resolution

I love it when you talk foreign! Foreign debtors may not be as far away as you think

Under South African law, the prescription of debts is regulated by the Prescription Act, No 68 of 1969 (Act). A debt is said to prescribe after a certain period of time has lapsed from the date on which it became due. The result of a debt prescribing is that the creditor can no longer initiate legal proceedings to recover the debt in question.

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Termination of negotiations: Do you have a claim if the proposed deal goes south?
2 October 2019 Dispute Resolution

Termination of negotiations: Do you have a claim if the proposed deal goes south?

Parties to commercial transaction negotiations can be falsely naïve in their early management of the process, with the misguided belief that everything will work out positively, resulting in one or both parties failing to take business decisions in anticipation of a deal being struck. This article considers what legal remedies, if any, are available to an aggrieved party against the party withdrawing from negotiations, and what precautions may be taken to ensure the other party continues to negotiate in good faith.

Section 44 of the Companies Act and Post Acquisition Finance
2 October 2019 Corporate & Commercial

Section 44 of the Companies Act and Post Acquisition Finance

Often the provisions of s44 of the Companies Act, No 71 of 2008 (Act) are overlooked when companies who previously obtained the requisite s44 financial assistance shareholder approval (in connection with the acquisition of shares of the company or of a related company) decide to vary the terms of such financial assistance post the relevant share acquisition.

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences
26 September 2019 Tax & Exchange Control

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences

Many South Africans have taken a stand against the surge of violent crimes perpetrated by men against women over recent weeks and have expressed their outrage through protest action. This outcry against gender-based violence in South Africa has been echoed worldwide, with many nations standing in solidarity with the women of South Africa.

Be careful retailers, you may run out of fuel: Section 12B of the Petroleum Products Act may not be your saving grace
25 September 2019 Dispute Resolution

Be careful retailers, you may run out of fuel: Section 12B of the Petroleum Products Act may not be your saving grace

In terms of s12B of the Petroleum Products Act 120 of 1977 (Act), the Controller of Petroleum Products (Controller) may on request by a licensed retailer alleging an unfair or unreasonable contractual practice by a licensed wholesaler, or vice versa, require, by notice in writing to the parties concerned, that the parties submit the matter to arbitration.

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price
25 September 2019 Dispute Resolution

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price

An insurance company recently suffered the consequences of its wrongful repudiation of a claim in terms of the reinstatement provisions of an insurance policy, in the Western Cape High Court case of Watson and another v Renasa Insurance Company Limited [2019] 2 All SA 280. After a fire at the plaintiff’s place of business destroyed machinery insured by the defendant insurance company, the defendant repudiated the insurance claim, based on its assertion that the plaintiff’s arson had caused the fire. Both the High Court and the Supreme Court of Appeal sided with the plaintiff, finding that the insurer was obliged to indemnify the insured property. The matter then came before the High Court in respect of the quantum of the plaintiff’s claim.

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What makes for a winning law firm in current economic conditions?
13 February 2015 Corporate & Commercial

What makes for a winning law firm in current economic conditions?

The anaemic domestic economic environment in South Africa made 2014 a challenging year. Like our clients, we have had to consider various aspects of our firm's business in order to ensure robust and sustainable performance, without sacrificing excellent quality of service and client care.

Right2Know Campaign & South African History Archive Trust // Minister of Police and Another
23 January 2015 Pro Bono & Human Rights

Right2Know Campaign & South African History Archive Trust // Minister of Police and Another

On 22 January 2015, Cliffe Dekker Hofmeyr's Pro Bono and Human Rights practice received notice from the State Attorney that the Minister of Police and the SAPS' National Deputy Information Officer had withdrawn their application for leave to appeal the recent decision of the High Court, granting the Right2Know Campaign (R2K) and the South African History Archives Trust (SAHA) access to the list of National Key Points declared in terms of the National Key Points Act (the Key Points Act).

SAHRC vs Sunette Bridges
21 January 2015 Dispute Resolution

SAHRC vs Sunette Bridges

The South African Human Rights Commission (SAHRC) was at the Equality Court of South Africa today, located at the Western Cape High Court on Tuesday 20th January 2015, concerning a case it has lodged against Afrikaans singer Sunette Bridges.

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SANRAL vs. The City of Cape Town
14 October 2016 Dispute Resolution

SANRAL vs. The City of Cape Town

Pieter Conradie, Executive Consultant in the Dispute Resolution practice, discusses the latest judgement in the Supreme Court of appeal in the matter of SANRAL vs. the City of Cape Town.

Issues women face in the workplace
23 August 2016 Employment

Issues women face in the workplace

CDH director in the Employment practice, Samiksha Singh discuss issues women face in the workplace, such as gender pay gap, being seen as an inferior gender and other obstacles.