The definitive position on the courts’ ability to override existing orders

” If the errors and their consequences were not so serious, this appeal could be said to arise from a comedy of errors .” This was the opening sentence in a judgment by the Supreme Court of Appeal (SCA) in Standard Bank of South Africa v Swartz and Others (Case no 1175/2022) ZASCA 28. The appeal focused on errors the High Court made in granting a “ non-existent ” business rescue application and adjudicating issues which had been disposed of byagreement 

The Future of Sustainability-Linked Bonds in South Africa

The South African market for sustainability-linked bonds (SLBs) holds significant potential for the future. South Africa, grappling with complex environmental, social and governance challenges, finds itself at the precipice of a transformative financial instrument: sustainability-linked bonds.

Strict liability and employers’ approach to the Occupational Health and Safety Act: Lessons from Joubert v Buscor Proprietary Limited

In Joubert v Buscor Joubert v Buscor Proprietary Limited (2013/13116) ZAGPPHC 1024, the application of strict liability under the Occupational Health and Safety Act 85 of 1993 (OHSA) remains significant. This case underscores the obligations of employers not only to their direct employees but also to third parties and subcontractors who may be impacted by their activities

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

A stake in your future: Issuances of shares for future consideration

It is common to encounter share subscription transactions where the consideration is payable to the issuer company on a deferred or future date (i.e. “ future consideration ”). However, it is not always easy to spot a scenario where future consideration is at play, often resulting in the relevant provisions of the Companies Act 71 of 2008 (Act) being overlooked. Several interesting issues regarding the interpretation of section 40(5) of the Act arise in thisregard.  

Transfer pricing has finally washed up on South Africa’s shores

With increasing economic globalisation, revenue authorities around the world continue to shift their focus to issues of transfer pricing. Broadly, this fits in with the global move to combat so-called ‘profit shifting’, a practice where multinational groups attempt to concentrate their profits in low-tax countries in which they operate.