Our team acts for a leading South Africa-based financial advisory services company
Our team acts for a leading South Africa-based financial advisory services company
Our team acts for a leading South Africa-based financial advisory services company in opposing a class action suit launched against several respondents who represent classes of shareholders in a defunct manufacturing and retail group.
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23 Apr 2024
by Simone Immelman and Kirsty de Sousa
Court orders removal of livestock from South African farm
In a recent judgment from the Land Claims Court in Moladora Trust v Mereki and Others (189/2023) ZASCA 37 (3 April 2024) , the Moladora Trust’s (Trust) appeal was upheld, resulting in a significant ruling regarding the presence of grazing animals on a farm in the North West Province. The Trust, as the owner of the property, had sought relief against the Mereki children, who were occupying the land and grazing livestock without explicit consent.
Real Estate Law
4 min read
4 Dec 2024
by Simóne Franks and Bridget Witts-Hewinson
The Preservation and Development of Agricultural Land Bill: Where to next?
For decades, the primary piece of legislation influencing agricultural land development has been the Subdivision of Agricultural Land Act 70 of 1970 (Act). The Act was repealed by the Subdivision of Agricultural Land Act Repeal Act 64 of 1998 (Repeal Act), however, more than 25 years later, the Repeal Act is yet to have come into full effect, and we remain primarily bound to the provisions of the Act. The aim of the Act is to prevent the fragmentation of agricultural land for the preservation of sustainable and economically viable farming activities by imposing regulations and procedures for the subdivision, control and development of such land.
Agriculture, Aquaculture & Fishing
3 min read
29 Jul 2024
by Johann Jacobs
A COVID-19 health check for the Wills Act
Every aspect of life has been affected by COVID-19. Estate planning is no exception, especially the execution of wills.
Trusts & Estates Law
1 min read
5 Aug 2024
by Leila Moosa
What would the “reasonable employer” do?
On 8 July 2024 the High Court of South Africa, Free State Division, Bloemfontein delivered judgment in the decade-long case of Louw v Fourie NO and Another (3074/2016) ZAFSHC137. The matter involved Tilana Alida Louw, a theatre manager at Netcare Universitas Hospital in Bloemfontein who was pursuing a claim for damages under the actio iniuriarum in the amount of R627,000 (with interest and costs) against Dr S P Grobler, the first defendant, and Netcare Universitas Hospital, the second defendant. Grobler had conducted a private practice at Netcare and had performed surgeries at the hospital’s surgical theatres, making use of its staff
Employment Law
4 min read
17 Oct 2024
by Andries le Grange and Nelisiwe Khumalo
Navigating merger waters: The Competition Commission’s final guidelines on indivisible transactions
On 4 October 2024, the Competition Commission (Commission) published its final guidelines on indivisible transactions (Guidelines). The Guidelines provide clarity on the Commission’s approach when determining whether two or more separate transactions should be notified as a single, indivisible transaction. The Guidelines aim to ensure that merger parties understand when they are required to notify mergers as a single indivisibletransaction.
Firm News
3 min read
21 Oct 2024
by Jean Ewang and Thobeka Kalipa
To pay or not to pay? An employer’s liability to pay severance pay where alternative employment is secured
In the recent judgment of Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023) ZALCPE 39 (2 October 2024) the Labour Court clarified the extent of an employer’s duty to make payment of severance pay to an employee dismissed for operational requirements (a retrenchment) in circumstances where the employer played an active role in securing alternative employment for the retrenched employee with a newemployer.
Employment Law
2 min read