Employers rights to privacy

Collusion between debtor and creditor: Defence for a surety?

Although a person standing as a surety for a principal debtor might appreciate and understand what it means to be a surety, it is without doubt that many hope that the suretyship will never be implemented. Therefore, when the day comes when the suretyship is called upon, it comes as no surprise that the surety will try any defence, no matter how remote, to free themselves from liability.  

The role of corporate forensics against corruption

Director Tendai Jangara from our White-Collar Investigations Service joined Gugulethu Mfuphi on Kaya FM to discuss the role of corporate forensics against corruption.

Don’t count your chickens before they hatch: The Competition Commission’s inquiry into the poultry industry

On 6 February 2023, the Competition Commission (Commission) published its draft terms of reference for its inquiry into the poultry industry (ToR) established in terms of section 43B of the Competition Act 89 of 1998 (Competition Act). The Commission has indicated that there are market features within the poultry industry that are likely to impede or distort competition. The features include structural indicators, the outcomes in the industry and certain conduct along the value chain. It stated that taking steps to address these market features through a market inquiry could benefit industry competitiveness and consumers through the improvement incompetition. 

From promise to peril: The duty of credit providers to conduct proper affordability checks

Credit providers have a general duty to conduct proper affordability assessments prior to granting loans or providing credit of any sort to debtors. Failure to adequately do so may amount to reckless credit.

Customs and excise

Digging deeper: SCA prospecting for solutions in financially distressed group of companies

In a recent ruling, the Supreme Court of Appeal (SCA) upheld the judgment of the Mpumalanga High Court in a long-standing dispute between Arqomanzi (Pty) Limited (Arqomanzi) and the appellants, Vantage Goldfields SA (Pty) Ltd and Vantage Goldfields Ltd. The case centered around the business rescue proceedings of certain companies in the Vantage group of companies, which faced financial distress following a tragic mining accident at one of its mines.