Category Archives: Legal Updates

Business Rescue Practitioner’s Duties Re Reckless Trading, Fraud and Contravention of any Company Law

This duty or more aptly stated this obligation on the part of business rescue practitioners was dealt with in a recent matter[1] of Chetali Gupta (the wife of one of the Gupta brothers) in a special motion proceeding brought by her before three judges of the North Gauteng Local Division of the High Court, Pretoria… Continue Reading

An Amnesty In Terms Of the Firearms Control ACT OF 2000 (ACT NO 60 OF 2000) Has Been Gazetted – BY Jerome Levitz

“Gun ownership is not a fundamental right under our Bill of Rights. It is a privilege regulated by law, under the Firearms Control Act (Act No 60 of 2000) (“the Act”)” – Per the Honourable Justice Froneman in Minister of Safety and Security versus South African Hunters and Game Conservation Association 2018 (2) SACR 164… Continue Reading

Update on Competition Law: Competition Amendment Act. By Bobedi Seleke

On 12 July 2019 certain provisions of the Competition Amendment Act, No 18 of 2018 (the “Amendment Act”) came into effect following a presidential proclamation.  The Amendment Act introduces significant changes which seek to address concentration of ownership and to promote the participation in markets of small and medium businesses (“SMEs”), and firms controlled by… Continue Reading

Recent case law pertaining to the national credit act with reference to instalment sale agreements and section 129 notices by Trevor Simon

In the judgment of Amardien and Others vs Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47, the Constitutional Court was asked to determine 2 issues:-   1.1.   What is the legal effect of a late recordal of an instalment sale agreement with the Registrar of Deeds upon a seller and purchaser in terms of… 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

Anti-doping in Sport: an analysis of the Bibo Ruling. By Mpho Sethaba and Nicholas Potgieter

As we have witnessed over the years, doping has and continues to be a scourge on professional sports both locally and internationally. The World Anti-Doping Agency (“WADA”) was established in 1999 to promote, co-ordinate and monitor the fight against doping in sport in all its forms. In order to realise the aforesaid purpose, WADA established… Continue Reading

YES can help your company increase its BEE Level

The Youth Employment Service (YES) Initiative became part of the BEE Codes on 28 August 2018.  The YES Initiative enables an EME, QSE or larger (Generic) entity to enhance its BEE Level by 1 or 2 levels if it provides jobs for young black people. In summary: Code 000 (General Principles and the Generic Scorecard) of… 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