News and Commentary
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...
The Evolution of Family in SA Law and its effect on Property Transactions
The recent judgment in Bwanya v Master of the High Court and Others brought into sharp focus how several of our Laws around ownership and inheritance in the "Common Law Spouse" arena are either too...
Lucinda Verster – Recommended Attorney for Competition Law Litigation in South Africa by Global Law Experts
Partner, Lucinda Verster, has been selected by Global Law Experts as the exclusive attorney they recommend for Competition Law litigation in South Africa (https://bit.ly/LVerster). GLE,...
Fairbridges Wertheim Becker JHB Office Launch Cocktail Party
Fairbridges Wertheim Becker was pleased to host a cocktail event for clients and colleagues on Thursday 10 March and officially unveil their new office premises at 2 Pybus Road in Sandton. Judge K...
The Nuclear War
South Africa's ongoing struggle for a reliable energy source: nuclear v renewable energy A month after suspending Peter Becker from the Board of the National Nuclear Regulator (NNR), the Mineral...
The Companies Amendment Bill: A proposed revision of the tool for intra-company financial assistance under Section 45 of the Companies Act
Section 45 of the Companies Act 71 of 2008 ("the Act") is headed "Loans or Other Financial Assistance to Directors". Despite the misleading heading of this section, it creates not only a mechanism...
Prohibited mergers and acquisitions: what do the competition authorities consider?
The Competition Commission (“the Commission”) has recently prohibited the acquisition of Sasol’s sodium cyanide business by Draslovka South Africa (Pty) Limited (“Draslovka South Africa”), a...
Let’s talk Non-Fungible Tokens (NFTs)
A look at the regulatory and legal challenges to NFTs and Non-Fungible Assets in general Before delving into the regulatory and legal challenges related to NFTs it is necessary to define NFTs as a...
Unpacking the Property Practitioners Act, 22 of 2019 (the “Act”)
The provisions of the newly promulgated Act will commence on the 1st of February 2022. The Act essentially repeals the existing Estate Agency Affairs Act 112 of 1976 and calls for stricter consumer...
Leading pathology laboratories agree to reduce their pricing of COVID-19 tests
The Competition Commission has concluded consent agreements with two of the largest private pathology laboratories, Ampath and Lancet, which will result in an immediate reduction in the maximum...
A legal analysis of the controversial, championship-deciding Abu Dhabi Grand Prix
Mercedes Benz has cried foul following Max Verstappen winning the formula one Drivers Championship, 2021. They cite regulation 48.12 and maintain that the Grand Prix should have ended under the...
Lucinda Verster named the Lexology Client Choice Award winner for Competition Law in South Africa
The winners of the 2021 Lexology Client Choice Awards were announced on 14 October 2021. Fairbridges Wertheim Becker is pleased to announce that our partner Lucinda Verster was announced the...
Customer relationships matter
Fairbridges Wertheim Becker attorney, Greer Penzhorn, is a passionate commercial litigation lawyer, committed to serving justice and fighting for what is right in the business and property sector....
Do You Have a Right to Renew Your Lease Agreement?
The following clause (with minor variations) is often found in lease agreements:- “The Tenant shall have the right to renew this Agreement for a period of 1 (one) year on the same terms and...
Can employers dismiss their employees for refusing to take the vaccine?
With the rollout of the Covid-19 vaccination picking up momentum, the question of whether to vaccinate or not is top of mind for some. The vaccination is currently not mandatory. A decision not to...