NEWS & MEDIA

(featured article)

Legal uncertainty: Can extreme violence render a protected strike unprotected?

ANTON PILLER ORDERS

An Anton Piller Order is an order sought by way of an urgent ex parte application for immediate relief by an applicant who suspects that notifying the respondent will have the effect of affording the respondent time to either hide or destroy evidence which the Applicant requires in anticipated litigation. The aim of the order is the preservation of specific evidence.

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.

FROM THE VIEWPOINT OF OLIVIA PEROTTI

I've proudly served as a Consultant Attorney at Thomson Wilks since 2018, with a primary focus on Family and Immigration Law. While my specialization lies in immigration law, I often encounter cases with a family law dimension. My ultimate goal is to help my clients navigate the legal pathway to fulfilling the life they've always envisioned.

HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

A protection order is a legally mandated instrument designed to shield individuals from domestic violence or harassment. While the legal terrain may appear complex, we aim to provide clear and accessible information to empower individuals seeking protection.

DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

Legal proceedings involve various critical components, two of which are particularly noteworthy: Domicilium and Jurisdiction.

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.

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

The Franchisor may believe that once a franchise agreement has been signed with the Franchisee and if the agreement contains the pertinent details that they discussed, then it is indisputable. What could possibly go wrong if anything at all.

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

To some, becoming a ‘director’ is a career achievement but often is not taken with the gravitas that it should. Sitting on a company board as a director may be viewed for some as a golden ticket to picking up a large remuneration without doing too much work and more importantly not understanding the duties and responsibilities attached to that ‘directorship’.

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.

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

Should the franchisor evaluate their franchising documents for compliancy?

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

Often times, documents need to be signed or legalised for use within South Africa or for use abroad.

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

Companies facing financial distress suffer from rapidly growing tax liabilities, increase in debt, lack of cash flow, and a breach of contracts. Financial distress should cause a business to consider business rescue before its effects become irreversible, which could lead to the company's liquidation.

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.

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?

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...

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...

The Rise of Cybercrime

Cybercrime has grown in prominence in South Africa and around the world. Individuals, corporations, and governments are increasingly vulnerable to cyber threats such as hacking, identity theft, and fraud as technology and the internet become more widely used. Everyone needs to be careful to secure their online assets due to the growing impudence of cybercriminals and the simplicity with which they can conduct their attacks.

BEWARE! Rental scams on the rise

Rental scams are unfortunately on the rise in South Africa, forcing victims to face cataclysmic consequences. A rental scam is when a scammer will pose as a landlord and attempt to obtain money from a potential tenant for a rental property that they are not the lawful owner of. The scammer will often place an advertisement for a property with pictures included and a seemingly legitimate rental agreement. The property itself may be real or fictitious.

SCA’S RECENT RULING IS A GAME CHANGER FOR DIVORCED PARENTS AND MAJOR CHILDREN

Not many individuals are financially independent by the time they attain majority and turn 18 years old. Most 18 year-olds are, in fact, only just commencing their tertiary education and are in no position to support themselves financially. There are several conflicting High Court judgements pertaining to the question of whether or not a parent can claim maintenance for and on behalf of their major children. The recent judgement of Z v Z (556/2021) [2022] ZASCA 113 has resolved this long-standing question of law.

CRYPTO REGULATIONS – DEVELOPMENT IS ONGOING

In a recent article by MoneyWeb, the lack of regulation over cryptocurrency (“crypto”) was brought to light. This is due to the recent crypto crashes which has caused substantial losses to those who have invested in the industry.

Criminally liable? The Boksburg Explosion explained

The 32 year old driver implicated in the horrific Boksburg Explosion on 24 December 2022, was released, and the public was up in arms. The explosion left at least 41 people dead when a fuel tanker carried liquefied petroleum gas failed to safely pass under a railway bridge in Boksburg. The nearby Thambo Memorial Hospital was also damaged and many of its staff, in its carpark were inured.

Another Accolade for the THOMSON WILKS TEAM

Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. We are pleased to have our team members recognised with 5 awards for 2023.

Contact

Contact us

NEWS & MEDIA

(featured article)

Legal uncertainty: Can extreme violence render a protected strike unprotected?

Read more

read more

ANTON PILLER ORDERS

read more

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

read more

FROM THE VIEWPOINT OF OLIVIA PEROTTI

read more

HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

read more

DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

read more

SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

read more

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

read more

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

read more

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

read more

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

read more

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

read more

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

read more

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

read more

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

read more

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

read more

Fake news in the era of COVID-19

read more

The Rise of Cybercrime

read more

BEWARE! Rental scams on the rise

read more

SCA’S RECENT RULING IS A GAME CHANGER FOR DIVORCED PARENTS AND MAJOR CHILDREN

read more

CRYPTO REGULATIONS – DEVELOPMENT IS ONGOING

read more

Criminally liable? The Boksburg Explosion explained

read more

Another Accolade for the THOMSON WILKS TEAM

read more

Contact

SANDTON

CAPE TOWN

DURBAN

DUBAI

GET

in

tOUch

OUR OFFICES

make a payment

Pay with

Pay with EFT

Pay with

(coming soon)

We are proudly helping to build

THE NEXT GENERATION OF LAWYERS