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Understanding suretyship agreements in South Africa: Legal requirements and their importance

Understanding suretyship agreements in South Africa: Legal requirements and their importance

Jun 18, 2024 | Corporate and Commercial Law

Suretyship agreements are pivotal in the financial and legal sectors of South Africa, providing security guarantees through a third party, the surety, who agrees to meet the obligations of a debtor if needed. Legal basis and requirements of suretyship agreements In...
The power of shareholders to remove directors in South Africa: Legal framework and processes

The power of shareholders to remove directors in South Africa: Legal framework and processes

May 22, 2024 | Corporate and Commercial Law

In South Africa, the Companies Act of 2008 sets out the legal framework that enables shareholders to remove directors from a company’s board. This mechanism is vital for maintaining accountability and ensuring that the directors align with the strategic...
The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations

The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations

Aug 29, 2023 | Conveyancing and Property Law, Corporate and Commercial Law

In various contractual agreements, including real estate transactions, it is common to encounter clauses that stipulate the forfeiture of a buyer’s deposit if the agreement is cancelled. These clauses play a crucial role in South African law, ensuring that both...
Conflicting interests between directors and companies

Conflicting interests between directors and companies

Jan 31, 2023 | Corporate and Commercial Law

The Companies Act 71 of 2008, also known as the Companies Act, is a legal framework that governs the operation and management of companies in South Africa. One of the key sections of this act is Section 75, which deals with the duties and responsibilities of directors...
Protection of minority shareholder rights in South Africa

Protection of minority shareholder rights in South Africa

Jan 25, 2023 | Corporate and Commercial Law

Minority shareholder protection refers to the measures put in place to safeguard the rights and interests of shareholders who own less than 50% of the shares in a company. In South Africa, the Companies Act, 71 of 2008 (the Act) includes provisions to protect minority...
The importance of having a proper shareholders agreement

The importance of having a proper shareholders agreement

Aug 25, 2022 | Corporate and Commercial Law

One of the best ways for shareholders to protect their interests is to enter into a shareholders agreement. Such an agreement sets out the rights and obligations of each shareholder in detail. These agreements also include information and guidelines regarding the...
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  • Reconsideration applications and sentencing for abuse of public office
  • FIC Directive 11 of 2026: What accountable institutions need to know
  • The importance of disciplinary record-keeping by employers and the practical mplications thereof
  • Unfair labour practices in the workplace
  • Unlocking the mystery: The legal validity of customary marriages in South Africa revealed

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Criminal Law

  • Reconsideration applications and sentencing for abuse of public office
  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.

Debt Collection

  • The importance of proper recordkeeping in commercial recoveries
  • What to do when a client owes you money
    debt recovery for a business
  • Commercial recoveries: choosing the right court
    Commercial debt recovery enables a business to recover outstanding debt, plus interest and incurred costs from a debtor.
  • Emoluments attachment orders
    An Emoluments Attachment Order is a debt collection process whereby the judgment creditor can deduct part of the salary of the judgment debtor.
  • How the National Credit Act impacts the in duplum rule
    Debtors must be mindful of debts and the implications of the in duplum rule.

Family, Divorce and Matrimonial Law

  • Moollajie v Parker: Redefining financial justice for Muslim women
  • Unlocking the mystery: The legal validity of customary marriages in South Africa revealed
  • Unmarried fathers’ rights in South Africa: Care and contact explained
  • Rule 43 applications in South Africa: A crucial mechanism in divorce proceedings
  • New divorce law comes into effect for Muslim marriages

Litigation and Dispute Resolution

  • What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
  • Understanding tenants’ rights and penalties for early lease termination in South Africa
  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa

Insolvency Law

  • Optimising director strategies during provisional liquidation in South Africa
  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?

Labour and Employment Law

  • The importance of disciplinary record-keeping by employers and the practical mplications thereof
  • Unfair labour practices in the workplace
  • Disciplinary action based on an employee’s social media conduct
    Disciplinary action based on an employee’s social media conduct
  • Solidarity Trade Union and Dis-Chem’s transformation policy
  • How Labour Law treats racism in the workplace
    The consequences pertaining to racism in the workplace may be severe should an employer or employee be found guilty.

Litigation and Dispute Resolution

  • What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
  • Understanding tenants’ rights and penalties for early lease termination in South Africa
  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa

Corporate and Commercial Law

  • Understanding suretyship agreements in South Africa: Legal requirements and their importance
  • The power of shareholders to remove directors in South Africa: Legal framework and processes
  • The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations
  • Conflicting interests between directors and companies
  • Protection of minority shareholder rights in South Africa

Criminal Law

  • Reconsideration applications and sentencing for abuse of public office
  • Evicting a tenant
    Eviction notice for a tenant
  • Driving under the influence – a sobering thought
    Driving under the influence
  • Getting a criminal record expunged
    COVID-19 and the national lockdown will leave many South Africans unemployed and some will have a criminal record from breaking lockdown regulations.
  • Euthanasia: Legal ambivalence
    Euthanasia is not protected by the South African Constitution.

Insolvency Law

  • Optimising director strategies during provisional liquidation in South Africa
  • How to liquidate a company in South Africa and the effect on shareholders
    liquidating a company
  • Rehabilitation after sequestration
    Rehabilitation enables a person who has been sequestrated to make a fresh start, free from debts and restrictions.
  • What does it mean to be sequestrated?
    Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.
  • How does a company get wound up?
    In Insolvency Law, we often get asked: how does a company get wound up?

Litigation and Dispute Resolution

  • What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
  • Understanding tenants’ rights and penalties for early lease termination in South Africa
  • Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
  • Effective strategies for resolving disputes in homeowner’s estates
  • Can someone live in my house for free? The state of evictions in South Africa

Maritime and Shipping Law

Regulatory Law

  • FIC Directive 11 of 2026: What accountable institutions need to know
  • High Value Goods Dealers now accountable under FICA
  • The Voetstoots clause and what it means for property buyers and sellers
  • Latent defects: when is the Consumer Protection Act applicable?
    When a latent defect is present, it means that the product lacks the quality promised in terms of the sales agreement.
  • The Voetstoots clause and property sale agreements
    The Voetstoots clause means that property is sold 'as is'.
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