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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THE RATE INCREASE AND ITS IMPACT ON THE PROPERTY MARKET

With yesterday’s 50 basis point increase and subsequent prime lending rate raising to 11.75% (coincidently not the highest it has been in our Country’s history) the already stressed consumer is now stretched even further.The Governor of the Reserve Bank having stated that albeit some aspects of inflation had cooled, inflation remained outside the bank’s target of between 3-6%. Meaning that if the key indicators did not reduce within the next review period the chances of a further increase of the REPO were likely. Coupled with unstable energy and an international market already shaken by the war in the Ukraine and potential default of the United States… the likelihood is sadly high.

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What’s the deal with Electronic Signatures?

When can an Electronic Signature not be used?In certain instances, the use of electronic signatures is not permitted, these include:

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ZEP permits expiring end of June 2023 – “We are sleepwalking into a catastrophe”, says lawyer for Zimbabwe Immigrants Forum

Blanket visa exemptions for Zimbabweans illegally in SA were introduced in 2009 under the Dispensation of Zimbabweans Project (DZP) . The long used Zimbabwean exemption permits will expire at the end of June 2023 which means 178,000 ZEP holders and their families will be declared illegal foreigners on 1 July 2023. Some have called this a massive humanitarian crisis.The expiry of the ZEP permits will likely leave huge gap in the South African work force as well and this danger has not been addressed by the South African Department of Home Affairs. Another issue which does not seem to have been considered is the likely pressure to be experienced at the South African Zimbabwean borders. There will be an estimated 178,000 ZEP holders leaving at the end of June 2023. Private travel between the countries, and logistics companies will also feel the effect of the ZEP cancellations and will not be able to cross the border freely.

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"TIME'S UP! UNDERSTANDING SOUTH AFRICA'S PRESCRIPTION LAWS BEFORE IT"S TOO LATE"

The law of prescription in South Africa is governed by the Prescription Act, which came into operation on 11 August 1969. The Act governs the extinction of debts, claims, and rights after a specified length of time. In other words, it establishes a time limit during which a person must exercise their rights, failing which the right is permanently lost.The Prescription Act distinguishes between two sorts of prescriptions: extinctive and acquisitive. Extinctive prescription refers to the loss of the right to claim a debt or enforce a right, whereas acquisitive prescription refers to the acquisition of ownership or other real rights in property (after 30 years of continuous possession).

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URGENT APPLICATIONS AND WHAT YOU NEED TO KNOW

Urgent Applications are applications which allow the Applicant to approach the Court for immediate relief. The Applicant does not follow the normal court process as they will not be able to obtain adequate relief and will accordingly suffer irreparable harm if they do so. The usual time frames applicable in terms of the Uniform Rules of Court are dispensed with and condoned.When bringing an Urgent Application, the Applicant must set out in its Founding Affidavit the circumstances and reasons that make the Application urgent and must show the Court that it would not be able to obtain adequate relief/ redress if the usual course is followed. The applicant must also show that it has exhausted all other available remedies before approaching the Court on an Urgent basis.

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THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

Times are changing, and shareholders are now playing a more prominent role in shaping corporate behaviour. Activist shareholders are increasingly pointing out issues including environmental, social, and governance (ESG) considerations.

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