Category Archives: 2015

DEMOLITION ORDER ISSUED FOR DURBAN BUILDING IN LANDMARK CASE

Interview with Fatima Rodrigues An approximately R60 million residential block known as Serengeti Rise, located in the Durban suburb of Berea, may soon have to be demolished following a landmark legal decision. The planning process for Serengeti Rise commenced in 2009 and construction was completed during 2014 – but the four storey building that the… Continue Reading

EQUAL PAY FOR WORK OF EQUAL VALUE By Bronwyn Marques

The Employment Equity Act, Act 55 of 1998, “(The Act”) is designed to promote equity in the workplace. The Employment Equity Amendment Act, Act 47 of 2013 came into effect on 1 August 2014. The main aim of the Amendment is to regulate the prohibition of unfair discrimination against employees in the workplace. Section 6(1)… Continue Reading

Reinstatement validates liquidation? By Buhle Duma

Does the reinstatement of a close corporation or company in terms of s 82(4) of the Companies Act 71 of 2008 (“the New Companies Act”) validate a liquidation which took place at a time of deregistration? This issue was dealt with in a judgment handed down on 28 May 2015 in the case ofReddy v… Continue Reading

THE BOOST CASE By: Buhle Duma

Can a South African company be ordered to provide security for legal costs under the dispensation of the new Companies Act 71 of 2008 (“the New Companies Act”)? INTRODUCTION In terms of s 13 of the old Companies Act 69 of 1973 (“the Old Companies Act“) read with High Court rule 47, a South African… Continue Reading

A CONSTITUTIONAL CHALLENGE TO SECTION 417(2) – SUCCESSFULLY DEFEATED by: Colin Strime

Fluxmans Inc. were involved again in overcoming a constitutional challenge to the provisions of Sections 417 and more specifically Section 417(2). Background to the application: Fluxmans were conducting an interrogation into a liquidated company on behalf of a number of creditors, this with a view to exposing certain underhand and impeachable transactions and ultimately reversing… Continue Reading

ARTICLE ON JUDGE ROGERS JUDGEMENT by Charles Shapiro

There is still uncertainty of the impact of business rescue on a surety where a business rescue plan has been approved and adopted. In analysing the effect of business rescue on sureties, it is important to distinguish between the following situations: where a company has signed as surety for a debtor in favour of a… Continue Reading