All Legal Scoops

Restraint of trade clauses are included in many commercial agreements and business transactions. A restraint of trade is a provision that prohibits a person who departs from a particular business from being employed, or involved within…

The issue: Section 150 of the Insolvency Act 24 of 1936 (“the Insolvency Act”) deals with appeals for a final order of sequestration or an order setting aside an order of provisional sequestration only.…

Did you know that you have 3 months after a divorce to make changes to your Will? Updating your will after significant changes, such as divorce, is vital to ensure protection of your estate. Not doing so immediately after a divorce means that the…

With South Africa’s recent repo-rate increase and subsequent grey listing, it is no surprise that many companies are under financial distress. Construction companies are not an exception to the economic downturn with the construction industry…

On 12 April 2023, President Cyril Ramaphosa signed the Employment Equity Amendment Bill of 2020 (“the Bill’) into law, thus amending the Employment Equity Act No 55 of 1998 (“the EEA”) with new measures to promote diversity and equality in the…

In terms of the Prescription Act of 1969, contractual debts are generally extinguished by prescription after a period of three years following the date that the “debt is due” (Section 12). In the recent Constitutional Court case of Trinity Asset…

The Companies Act No 71 of 2008 (as amended) (“the Act”) currently recognizes (and has always recognized) the principle that a security may be registered in the name of a person who acts as the agent or “nominee” of the “true” or…

In disciplinary proceedings, employees often use inconsistent treatment as a defence. Inconsistency can be either historical or contemporaneous. Historical inconsistency occurs when an employer who has never dismissed an employee for a specific…

In a 2022 survey conducted by Stats SA, results revealed that the majority of children born in South Africa between 2017 and 2021 were born in the month of March. With the trend expected to continue, the results infer that the majority of…

In a recent article , we discussed the feasibility of companies in South Africa amending their constitutional documents to provide for compulsory reliance on artificial…