Customs and Excise highlights

Loadshedding causing nuisance (in more ways than one)

For the past several years South Africans have, unfortunately, had to endure and experience the struggles brought about by loadshedding. While some sit without electricity for up to 10 hours a day, others have decided to utilise the many products available on the market that provide houses with power when Eskom is not.

Vulnerability caused by compliance: Section 129(7) of the Companies Act 71 of 2008 and the risk of being wound up

A lot has been said and written about directors’ fiduciary duties and the pitfalls directors expose themselves to when making business decisions, almost daily. The circumstances which may lead a director to breaching their fiduciary duties are broad, and to determine whether a director actually breached their fiduciary duties often requires an extensive factualenquiry. 

Risk it for the biscuit: Opportunities for Private Equity in Business Rescue

Private equity firms have long been known for their ability to strategically identify and act on opportunities where others may not see them, and business rescue is no exception. In the private equity space, business rescue presents a unique opportunity for private equity firms and investors to invest in companies that are struggling financially but with the right resources and support, there are reasonable prospects of a profitable turn around or rehabilitation.

Companies to take heed of mounting climate change litigation risks, advises Alecia Pienaar, Counsel in our Environmental Law practice during a eNCA interview.

Anti-cancellation clauses and restitution: Fraud unravels all

The matter of Titan Asset Management (Pty) Ltd and Others v Lanzerac Estate Investments (Pty) Ltd and Another (2102 / 2020) ZAWCHC 136 (9 June 2023) relates to an action instituted by Christo Wiese and five other plaintiffs against Lanzerac Estate Investments (Pty) Ltd and Markus Jooste.

Elections 2024: Internet service providers must prevent dissemination of fake news

With the national and provincial elections less than two months away, the Film and Publication Board (FPB) published a notice on 22 March 2024 in which it defines the terms “ misinformation ” and “ disinformation ”, and declares them to be propaganda for war, inciting imminent violence or potentially advocating hate speech. The distribution of any such content via any medium, including social media, is an offence in terms of section 18H of the Films and Publications Act 65 of 1996 (Act). The fine, if found guilty, is R150,000 and/or a two-year prison term.