Category Archives: Articles

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

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

B-BBEE – JSE Reporting Requirements; WEF 1 April 2018 by Peter Kemp

The Broad Based Black Economic Empowerment Act read together with its regulations that include the B-BBEE Codes and specific business sector Charters require that all companies listed on the JSE report annually to the B-BBEE Commission on their compliance under the B-BBEE Codes or Charter, as the case may be. The current JSE Listing Requirements… 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

WHO IS IN CONTROL WHEN A LIQUIDATION APPLICATION IS SUSPENDED PENDING THE OUTCOME OF A BUSINESS RESCUE HEARING? by Colin Strime

(Section 131(6) Of The Companies Act 71 Of 2008) (“The Act”) The latest judgment deals with the lacuna in Chapter 6 of the Act.   The lacuna arises when determining who is in control of a business of a company which is in liquidation at the time that an application is launched to place it… Continue Reading

THE NEW MINING CHARTER – THE GOOD, THE BAD AND THE UGLY by Charles Ancer

On 15 June 2017 the Minister of Mineral Resources published the reviewed Mining Charter.  In theory the Charter seeks to address the issue of black economic empowerment within the mining sector, while in practice the Charter has already induced panic in the financial markets and is likely to discourage investment, complicate shareholding matters and reduce… Continue Reading