An employer’s guide to the “COVID-19” holiday season

JILB - Women and Juniors in Law & Banking - Business Rescue Seminar

The need to know of “casual vacancies”

The stability of a company’s board of directors is vital in maintaining good corporate governance. This stability may be challenged where unforeseen circumstances, such as death, sudden resignations or incapacity, give rise to vacancies on the board. The Companies Act 71 of 2008 (Companies Act) provides a process to be followed for filling such vacancies, which is, of course, subject to the company’s memorandum of incorporation (MOI). The question that often arises is: how soon does a casual vacancy have to be filled before it is no longer considered a “ vacancy ”?

Measure twice, cut once: Recent case law on how to remove company directors

In any war between factions of shareholders, the first battle typically plays out in respect of board composition, as that is the central decision-making organ of a company. The procedures regarding director removals are not necessarily very complex but can turn out that way if not followed surgically. The recent unreported judgments of Jones and Others v Delport and Others (2023/082594) (28 August 2024) and Sharp and Another v Buthelezi and Others (2024/088147) (18 September 2024), in the Gauteng High Court Local and Provincial Divisions, underline the importance of this and remind us of the sage advice, “ measure twice, cut once ”. Under the Companies Act 71 of 2008 (Companies Act), the removal of a director may occur either by their fellow directors under section 71(3) or via an ordinary resolution of the company’s shareholders under section 71(1). Each of these has different requirements andconsiderations. 

Unlocking citizenship: Overcoming irregular birth certificates

Nearly a decade after the coming into effect of various amendments to the South African Citizenship Act 88 of 1995 (Citizenship Act), which included a new ground of citizenship through the insertion of section 4(3) the Department of Home Affairs (Department) continues to impose arbitrary requirements that create unnecessary barriers to deserving applicants seeking to enforce their right to citizenship under section 4(3) of the act. This pattern of deprivation not only violates the clear provisions set forth in the Citizenship Act, but also effectively undermines the rule of law by denying individuals their legitimate rights entrenched in our Constitution, 1996. It raises serious concerns about the integrity and fairness of the implementation of the legal framework governing citizenship.

Increasing accessibility: The Competition Commission’s Fresh Produce Market Inquiry

On 23 March 2023, the Competition Commission (Commission) initiated the Fresh Produce Market Inquiry (the inquiry). The scope of the inquiry was set out in the final terms of reference (ToR).

NERSA’s decision on Eskom’s curtailment application pending

In terms of a consultation paper released by the National Energy Regulator of South Africa (NERSA) on 5 July 2024 (Consultation Paper), Eskom submitted an application to NERSA on 24 May 2024 requesting approval for congestion curtailment to be treated as a constrained generation ancillary service for renewable energy resources (Application). Per the Consultation Paper, “ leveraging the intermittent nature of renewable energy resources, it becomes possible to connect more resources to the grid without exceeding the capacity of the grid for most of the time ”.