News and Commentary
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...
Delictual liability in the workplace.
In the recent judgment of Hobongwana v Benteler South Africa (Pty) Ltd [2023] ZAECQBHC (6 February 2023), the court found that Benteler was liable for the damages suffered by an independent...
Legal consequences of a forfeiture order issued in terms of Regulation 22B after the winding-up of a company.
Decidedly, the Supreme Court of Appeal (SCA) in South African Reserve Bank and Another v Maddocks N O and Another [2023] ZASCA 04 (23 January 2023), has cleared the confusion regarding the legal...
The lacuna created by the absence of a provision in the Companies Act 71 of 2008 analogous to Section 13 of the Companies Act 61 of 1973.
The lacuna created by the absence of a provision in the Companies Act 71 of 2008 analogous to Section 13 of the Companies Act 61 of 1973. In Systems Applications Consultants (Pty) Ltd t/a Securinfo...
Release From Curatorship in Asset Forfeiture Matters
The issue of asset forfeiture has long created a bone of contention between the public interests and one’s constitutional rights. Granted, the soaring crime levels in South Africa has necessitated...
Introducing Our Dynamic Trio
Johannesburg and Cape Town, 17 November 2022 – Today marks an auspicious occasion within the revered halls of Fairbridges Wertheim Becker (FWB) with the appointment from 1 March 2023 of Adela...
Unravelling the preservation and attachment orders of the Steinhoff Saga
When the first indications of a significant accounting fraud scandal emerged in December 2017, Markus Jooste (“Jooste'') resigned from Steinhoff International Holdings NV (''Steinhoff''). As a...
Terralex Leadership Programme 2022
Congratulations to Julia Penn and Dhahini Naidu who completed the Terralex leadership programme last week. The programme is designed for individuals who among other things have demonstrated...
Insurance & Reinsurance Newsletter – November 2022
The latest issue of our Insurance & Reinsurance Newsletter (8 November 2022) is out now! In this issue: PPR and TCF Principles put to the test. Teacher knows best. Municipality liable for...
Whether the Solvency and Liquidity test provides sufficient protection to creditors and minority shareholders
Article by Dhahini Naidu The Companies Act No. 71 of 2008 (“the 2008 Act”) reproduces a change from the standard of preserving the capital structure, to preserving the solvency and liquidity test,...
No horsing around: A precedent-setting judgment.
No horsing around: A precedent-setting judgment. For over 40 years, two POLO brands have co-existed on the South African retail market: POLO by Ralph Lauren, an international brand by an...