Category Archives: 2018

Business Rescue – Whether a business rescue practitioner enjoys a “ Super Preference” over all creditors. A media summary of Diener NO v Minister of Justice and Correctional Services and Others (CCT03/18) [2018] ZACC 48 (29 November 2018)

On Thursday, 29 November 2018 at 10h00 the Constitutional Court handed down judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal.  The matter concerned whether, in terms of the Companies Act 71 of 2008 (Companies Act), a business rescue practitioner enjoys a “super preference” over all creditors,… Continue Reading

Land Use for Religious Purposes. A summary of Community of Grootkraal v Kobot Business Trust (1219/2017) [2018] ZASCA 158 (28 November 2018)

The SCA today upheld an appeal by the Community of Grootkraal that they had a public right to make use of a small portion of the farm Grootkraal, near the entrance to the Cango Caves outside Oudtshoorn, for church and related community purposes, including a school. At present the Grootkraal congregation, an outstation of the… Continue Reading

Tax – Accrual of the proceeds of a sale. A summary of Milnerton Estates Ltd v CSARS (1159/2017) [2018] ZASCA 155 (20 November 2018)

On 20 November 2018, the SCA dismissed an appeal by the tax payer, a property developer, against the inclusion in its taxable income of amounts in respect of sales of stands in a township, where the sales occurred in one tax year and transfer of the stands and payment of the purchase price in the… Continue Reading

Tender Procedures – The unfair treatment of tender bidders. A summary of CTP JV and another v The Director-General Department of Basic Education and another (447/2018) [2018] ZASCA 156 (20 November 2018)

On 20 November 2018, the Supreme Court of Appeal upheld an appeal against the decision of the Gauteng Division of the High Court (Pretoria), in which it was held that the decision of the Director – General of the Department of Basic Education to award the tender to Lebone Consortium, to provide the printing, packaging… Continue Reading

Regulation of Gatherings Act 205 of 1993 Media Summary of Mlungwana and Others v S and Another (CCT32/18) [2018] ZACC 45 (19 November 2018)

On 19 November 2018 at 10h00, the Constitutional Court handed down judgment in an application for the confirmation of an order of constitutional invalidity made by the High Court of South Africa, Western Cape Division, Cape Town (High Court).  The High Court declared section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993 (Act) unconstitutional… Continue Reading

Is Your Company At Risk Of Inappropriate Workplace Behaviour? By Lisa-Anne King and Megan Anthony – Labour Department

Inappropriate workplace behaviour has become a hot topic with issues such as sexual harassment, workplace bullying and social media misconduct being in the spotlight.  This has resulted in a number of companies having to become introspective in order to ensure that their workplace behaviour policies and procedures are up to date and in compliance with… Continue Reading

National Credit Amendment Bill 2018

By  the end of March 2017, it was recorded that out of the 24.68 million consumers who are credit-active in South Africa,  9.69 million consumers had impaired1 credit records. Despite the existing mechanisms for debt review and debt administration procedures, it was found that a large portion of debtors remain in a debt trap.  … Continue Reading