News and Commentary
Share Buy-Backs: A discussion on the current legal framework and the changes considered in the Companies Amendment Bills.
A share buy-back, or share repurchase, is a transaction in which a company buys back its issued shares from a shareholder. Section 48 of the Companies Act 71 of 2008 ("the Act") regulates how a...
Layers of Lessee Protection
With the lens on the developer of a sectional title scheme, a distinction needs to be made between Developer A, who owns undeveloped land on which they intend to develop buildings comprising a...
A cracker of a victory for Salticrax.
Whilst shopping in the supermarket, do you always take specific and particular notice of the branded items you place in your trolley? Have you ever picked up an item and, on closer inspection,...
Beneficial ownership: What is it, and how does one comply with the CIPC reporting requirements?
Beneficial ownership: What is it, and how does one comply with the CIPC reporting requirements? The Companies and Intellectual Property Commission (CIPC) recently launched the Beneficial Ownership...
No Man’s Land
Since the advent of the National Lockdown to prevent the spread of the Covid-19 Virus and now regular Loadshedding, many employers have resorted to placing their employees on a temporary layoff to...
Hopeless cases: Legal practitioner’s fiduciary duty towards the court and their clients.
In the recent UNISA case of the University of South Africa v Socikwa and Others (J 675/23; J 680/23) [2023] ZALCJHB 172, Acting Judge Sethene delivered a scathing judgment condemning legal...
Building Plan Conditions in Bond Grants.
In an attempt to protect their security, financial institutions are frequently requesting updated approved building plans as a pre-registration Bond condition. This can cause massive delays in the...
Gallery: FWB celebrates Mandela Day 2023
Legal Talk – Prevention of Illegal Eviction Act – Interview with Adela Petersen
Fairbridges Wertheim Becker's Managing Partner Adela Petersen was recently interviewed on Cape Talk Radio's Legal Talk segment with Pippa Hudson. They chatted about the Prevention of Illegal...
The Supreme Court of Appeal Rules That Student Accommodation Does Not Constitute a ‘Home’.
On 3 July 2023, the SCA delivered its judgment on whether the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ("PIE") apply to student residences...
Judgement: Stay at South Point Properties(Pty) Ltd v Abulele Mqulwana Others
Amendments to the Requirements for Beneficial Ownership and Beneficial Interest in Companies.
On February 24, 2023, South Africa was added to the "grey list," leading to potential impacts on its economic growth and global competitiveness. This designation was made by the Financial Action...
TerraLex launches Cross-Border Guide to ESG & Sustainable Finance
TerraLex is a leading international network of top independent law firms in over 100 countries and our contribution, authored by Bob Groeneveld, Gaby Meintjes, and Tashreek Miller, focused on what...
Fraud Unravels All
Insured ordered to pay back the money! Interpretation of forfeiture clauses in insurance policies – the duty of the insured to act in good faith In Discovery Insure Limited v Masindi (534/2022)...
Mitigate The Risk – Cybersecurity in South Africa
Cybersecurity is crucial to any business operating in today's digital landscape. With most of our daily lives conducted online, where various types of sensitive information are managed, protecting...
Winds of Change: A closer look at the Amendments to the Employment Equity Act 55 of 1998
The Employment Equity Act 55 of 1998 ("the Act") is primarily intended to promote the right to equality in the workplace, ensuring that all employees enjoy equal opportunities and are treated...
When the worst is over.
With the advent of Covid-19 in 2019 which resulted in a national lockdown in March 2020, many Employers suffered financial distress which forced them to restructure their businesses, impacting...
Repudiation Overturned
Court rules that the insured did not act recklessly. In the recent judgment of Govender versus Guardrisk Insurance Company Limited (64633/2019) [2023] ZAGPPHC 125 (2 March 2023), the High Court (HC)...
Close but no cigar.
The Labour Court has recently grappled with the question relating to the legal status of an Award for reinstatement in the decision Mahlangu v Rand Water (2023) 44 ILJ 569 (LC). The Court drew on...
What happens once the horse has bolted.
More often than not, when a dismissal sanction is looming, employees enter into mutual separation agreements with employers to avoid tainted employment track records. Some employers, with the hope...
STAY AWAY versus PROTEST ACTION
In the South African Employment arena there is an increase in stay aways which are called by Political Parties and/or Trade Union Movements. As a result of the flaling economy in South Africa and...
Legal Talk – The Rights of Grandparents – Interview with Sheri Breslaw
Sheri Breslaw from Fairbridges Wertheim Becker's Family Law department was recently interviewed on Cape Talk Radio's Legal Talk segment with Pippa Hudson. They chatted about the Rights of...
Implications of employees earning above the new earnings threshold
Effective from 1 March 2023, the earnings threshold, which is determined by the Minster of Employment and Labour from time to time in terms of section 6(3) of the Basic Conditions of Employment Act...
Articles by Ayanda Nondwana & Sive Dukada featured in FA News – February 2023
Ayanda Nondwana, Director, and Sive Dukada, Candidate Attorney had two articles featured twice in the latest issue of FA News (February 2023): The bearer of the wrongs of an Independent Contractor...