Category Archives: Legal Updates

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

DOES THE LESSEE HAVE THE RIGHT TO WITHHOLD RENTAL IN THE EVENT OF THE LESSOR FAILING TO AFFORD THE LESSEE BENEFICIAL USE OF THE ENTIRE LEASED PREMISES by Trevor Simon

Our courts have traditionally allowed withholding payment of rental by lessees to lessors in certain instances.  For example, a lessee may be entitled to withhold payment of rental to the lessor if the lessor fails to provide the lessee with safe and habitable premises. The question arises as to whether a lessee is entitled to… 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

WARRANTY, GUARANTEE OR SURETYSHIP? by Selwyn Perlman

    More often than not, these concepts are “confused”. This can come about as a result of bad and/or sloppy drafting of documents and occasionally, the use of guarantees and suretyships interchangeably. It is important to ascertain what the document is as the legal consequences/remedies of each differ. The purpose of this article is… Continue Reading