Giada Masina talk about the new Mining Charter and the state of the mining sector

Acquisitive prescription of property: Is it still applicable in cases where there has been illegality?

Dhanwanthie Gianchandi (the possessor), along with her late husband, purchased a house three houses away from the property in April 1990. The property was undeveloped and deserted and the possessor and her family made improvements to the property, transforming it into a functional nursery and community park. The possessor had been running the nursery and park at her own cost since 1990. At the time the possessor’s application was brought, the improvements made to the property amounted to approximately R950,000 and the possessor also absorbed the park’s running costs of R16,000 per month.

Customs and excise

Further refinements to the corporate rollover relief provisions

A prudent question is one half of wisdom: The consequences of business email compromise for banks and attorneys

It was Sun Tzu who famously said, “ He who is prudent and lies in wait for an enemy who is not, will be victorious .” However, what happens to an attorney who is sufficiently prudent to confirm the banking details of a recipient but fails to question a change in the previously provided banking details of the same recipient and then falls prey to fraudsters? This question was answered by the full bench of the High Court in the case of Hartog v Daly and Others (A5012/2022) ZAGPJHC 40; 2 All SA 156 (GJ) (24 January 2023).

The right to apply for asylum in South Africa

The Constitutional Court (CC) recently handed down an important judgment which speaks to the right to apply for asylum in South Africa. Over the past several years, we have seen more and more anti-foreign national rhetoric in the public domain, with even high-ranking government officials contributing to the narrative that foreign nationals are the cause of many of South Africa’s issues. This has resulted in a continuingly shrinking safe space for foreign nationals who intend on seeking refuge in the country. Given our current socio-political climate, this judgment comes at a critical time where the rights of vulnerable people must be protected, in line with our international and domestic obligations.

The price of oversight: BRP ordered to pay back fees after termination of business rescue proceedings

When, why and how do business rescue proceedings terminate? This was one of the pertinent questions raised in the matter of Danco Boerdery (Pty) Ltd v Cawood, Werner and Others which the Pretoria High Court had to consider after Danco Boerdery (Danco) approached it to seek relief against Mr Werner Cawood (first respondent), Mr Christian Beer (second respondent) and the Rescue Company (Pty) Ltd (third respondent).