Category Archives: Articles

The Enforceability of a ‘No Contest’ Clause? By Jayde Vaughan and Nqobile Dlamini Assisted by Michael Bloom

The Enforceability of a ‘No Contest’ Clause? If you’re afraid that someone might challenge the validity of your will or trust in court after your death, you may be tempted to add what’s called a ‘No Contest’ clause to your document. A ‘No Contest’ clause is a provision in a will that penalizes those who… Continue Reading

Breach of Contract: The Doctrine of Election and the Doctrine of Repentance by Kevin Van Huyssteen

Lawyers are, in some respects, a rather biblical lot, seeking divine inspiration to solve the problems of humanity, calling Judges Lords and, more latterly, resorting to the concept of repentance in the law of contract. It is fundamental that when an innocent party is faced with a breach of contract by another party, the innocent… Continue Reading

Post-Commencement Finance: Risk V Reward By Daniel Hirschowitz and Fikile Sithole

The Companies Act 71 of 2008 makes provision for a financially distressed company to be placed into business rescue. In order to go into business rescue, a company must show that it is in fact financially distressed. Defined in s128(1)(f),‘financially distressed’ is where the company is “reasonably unlikely to pay all of its debts as… Continue Reading

The increased cost of living and possible reduction in maintenance payments by Alexandra Shardlow

Whenever South Africans are told that they should save more, the high cost of living is blamed for failing do this.  As a result, the increase in the cost of living often features in applications for a  reduction in the amount of maintenance payable. When determining the appropriate amount of maintenance payable, the issue is… Continue Reading

Renewal of lease: is a right of pre-emption also renewed and what are the formalities for validity? by Kevin van Huyssteen

In the matter of Mokone v. Tassos Properties CC and Another 2017 (5) SA 456 (CC) the Constitutional Court finally resolved the question of whether terms which are ancillary to an expired lease, are also renewed when the expired lease is renewed. An expired lease contained a right of pre-emption. In May 2006 the parties… Continue Reading

THE TIMELINES ASSOCIATED WITH ANTI-DUMPING INVESTIGATIONS IN SOUTH AFRICA by Ryszard Lisinski

I. INTRODUCTION The actual timing of the various steps in antidumping investigations in South Africa varies from case to case.  Although the timelines contained in the South African Anti-Dumping Regulations[1] (hereinafter “the Regulations”) are set out relatively clearly, further indulgences are often afforded to affected parties in practice. In addition, whilst the various antidumping measures… Continue Reading

VOLUNTARY EUTHANASIA AND ASSISTED SUICIDE IN SOUTH AFRICA By Kevin van Huyssteen

In its judgment upholding the appeal in the matter of Minister of Justice v Estate Stransham Ford the Supreme Court of Appeal (SCA) has provided a thoroughly informative overview of the law governing physician assisted suicide (PAS) and physician assisted euthanasia (PAE). In a unanimous judgment, the SCA (per Wallis JA) overturned and heavily criticised the… Continue Reading