BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

On 28 April 2023 the Supreme Court of Appeal delivered a reportable Judgment in the matter of Louis N O and Others v Fenwick N O and Others which dealt primarily with the consequences of when a binding offer in terms of section 153(1)(b)(iii) of the Companies Act 71 of 2008 (“the Act”) is rejected, and the interpretation of how this affects s153(4) of the Act.

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Online Defamation: The appropriate response to a tirade

When companies are confronted with defamatory remarks online, they have rights and recourse. Defamatory remarks posted online can taint a company's reputation and credibility. With the increased reliance on information found on the internet in modern society, it is essential to monitor online references to the company.

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SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

In the midst of a challenging fiscal landscape in South Africa, where a mounting budget deficit is exacerbated by strained tax collections, the South African Revenue Service (SARS) has taken an uncompromising stance against tax evasion. This intensified approach to revenue collection demands the attention of every taxpayer, prompting a crucial call to action. As your legal advisors, we urge you to stay vigilant and proactive in managing your tax affairs, for the consequences of negligence have never been more severe.

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ONE WORD – RELATIONSHIPS DEFINED - PARTICULARITY NEEDED IN WORKPLACE POLICIES

Family responsibility leave in terms of Section 27 of the Basic Conditions of Employment Act 75 of 1997, is leave amounting to a total of 3 days in a leave cycle. To access these leave days, you must have been employed for 4 months and work at least 4 days a week for that employer.

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May employers dismiss their employees for refusing to be vaccinated against Covid-19?

South African employers are operating in economically dire times, often resorting to extreme measures in complying with Covid-19 Health and...

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LEGALLY EVICT DEFAULTING TENANTS

The procedure that one is to follow when seeking an order for the eviction of an unlawful occupier is provided for in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”). According to the PIE Act, a person may only be evicted from a property if he/she is an unlawful occupier. A person is an unlawful occupier if that person ‘occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land.’A lack of consent from the landlord can occur when the landlord has cancelled or withdrawn his/her consent which had been previously given to an occupier to stay on his/her property (due to, for example, the non-payment of rental obligations or any other breach of the lease agreement) or if the building in question has been hijacked.

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Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

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How to handle employees’ claims of contracting COVID-19 and their subsequent absence

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How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

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Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

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COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

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Issuing of the new Code of Good Practice: Dismissal

The new Code of Good Practice on Dismissal was issued today. It comes into effect immediately. The new code repeals and replaces the previous Code of Good Practice for Dismissal (Schedule 8 to the LRA), as well as the separately published Code of Good Practice Based on Operational Requirements.

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A Cautionary Tale for Month-To-Month Tenants Seeking Interdicts

In a judgment handed down on 25 August 2025, the Gauteng High Court dismissed an urgent application by Health-Worx Medical Centres (Pty) Ltd (“the Applicant”) to preserve its occupation of premises at Randridge Mall.

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Franchise Disputes and Section 18: When ‘Interim’ Orders have Final Effect

The Western Cape High Court’s decision in Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees 2024 (4) SA 141 (WCC) marked a significant development in the evolving interpretation of Section 18 of the Superior Courts Act 10 of 2013, particularly in the context of execution of orders pending appeal.

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Gauteng High Court orders Immediate Cancer Treatment Amid Deadly Backlog

In a landmark ruling, the Gauteng High Court (Johannesburg) has ordered the provincial Department of Health to immediately provide treatment to patients on a long-standing backlog list of cancer patients awaiting radiation oncology services in Gauteng, some of whom have tragically died while waiting.

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The Costliest Saving in the Boardroom: Why Replacing your General Counsel is a Governance Risk

A UK colleague, Jayne McGlynn (Strategic Corporate Partner, M&A at DWF), recently described a “quiet crisis”: experienced GCs being “restructured” out and replaced by contract lawyers, junior leaders or “AI-powered” alternatives.

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Why Strategic Intergenerational Wealth Planning is Critical for Family-Owned Businesses

Family-owned businesses form a vital part of South Africa’s economic fabric.

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