Grappling with prescription of debts based on concealed fraud
When does the clock start ticking on a claim when the underlying wrongdoing is hidden, but the law says you should have noticed?
Justice delayed no more: Civil trials to undergo mandatory mediation in Gauteng
A new directive making mediation mandatory for all civil trials in the Gauteng Division has been implemented with immediate effect.
The Companies Act: Understanding the validity of the provision of financial assistance
The provision of financial assistance by a company to its directors, officers, or related entities is strictly regulated under section 45 of the Companies Act, 2008.
Contractual provisions for unilateral cancellation of agreements
To lawfully cancel an agreement based on a contractual discretion tied to clear criteria, there must be valid and reasonable grounds. It is therefore important to seek legal advice before cancelling agreements ...
Banks, borrowers and the law: sign or litigate
Banks hold significant power in financial transactions but with this comes accountability. To demand more responsibility from credit providers, the biggest of which are banks, the National Credit Act was enacted in 2005 to help regulate South Africa's credit industry ...
Dead on Revival: how not to bring back a lapsed agreement
Often, after an agreement has lapsed due to non-fulfilment of suspensive conditions, the parties choose to proceed with the transaction. Special care needs to be taken in these instances...
Binary, not a spectrum: the test for directors’ delinquency
A company's stakeholders may apply to court for a delinquency order against an individual who serves or served as a director within the 24 months preceding the application.
Compliance is a laudible new year’s resolution: Dawn raid preparedness reinforces broader compliance imperatives in the digital age
The regular review and updates of compliance policies are essential for adapting to evolving threats and changing regulatory landscapes.
Who is responsible if emails are hacked?
While the Cybercrimes Act provides a legal framework for combatting cyber threats and fraud, the actual prevention of cybercrime rests on all parties to exercise due diligence when conducting financial transactions.
Companies Act update – certain amendments now effective
In 2024, two Amendment Bills were signed into law in order to amend certain provisions of the Companies Act, 2008. At the time, we cautioned that even though the Bills had been signed into law, they were not yet in force. As of 27 December 2024, some of these amendments are now effective.