Category Archives: Legal Updates

Does the suspension of liquidation of Proceedings in terms of section 131(6) [1] Preclude the conduct of a section 417/418 inquiry? By Colin Strime

This question was dealt with in a recent decision (unreported as yet) of the High Court [3] where the court (per Petersen AJ) gave its interpretation of paragraphs 15 to 17 and 19 of the Maroos Judgment[4].  These paragraphs read as follows: “[15]     Section 131(6) of the Act does not change the status of the… 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

Minister to grant Basic Conditions of Employment to persons in SA Film and Television Industry – By Peter Kemp

Late last year the South African Minister of Labour issued a notice calling for interested parties to make submissions on a proposal to deem persons who provide services in relation to film and television as “employees” for the purposes of specific parts of local employment law which if introduced would have the effect that such… Continue Reading

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

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

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