Theron v Rainbow Farm (PTY) Ltd (C289/2021) [2022] ZALCCT 33 (1 July 2022)

Article by Avyakta Sing, Candidate Attorney, checked by Celeste Frank, Assosiate and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 27 July 2022 BACKGROUND On March 30, 2015, Ms. Theron (“the Applicant”) and Rainbow Farm (PTY) Ltd (“the Respondent”) entered into a settlement agreement under the CCMA following the referral by the Applicant of a
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Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation & Arbitration & others (2022) 43 ILJ 1272 (LAC)

Disclosing your ‘side-hustle’/ side business to your employer Article written by Erin Gradidge, checked by Divina Naidoo, Associate and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys 13 July 2022 BODY OF ARTICLE: Introduction The fiduciary duty of good faith placed on employees to act in the best interest of the employer extends to
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Colgate-Palmolive (Pty) Ltd v Rala-Rala and Others (JR79/19) [2021] ZALCJHB 35 (20 January 2021)

Article written by Avyakta Sing, Candidate Attorney, checked by Kirsten Chetty, Associate and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 05 July 2022 BACKGROUND Mr Rala-Rala (“the Respondent”) was employed by Colgate-Palmolive (Pty) Ltd (“the Applicant”) as its CDT Finance Manager. In August 2017 the Respondent suffered a brain stem bleed, which temporarily incapacitated
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STRANSHAM-FORD v MINISTER OF JUSTICE AND
CORRECTIONAL SERVICES AND OTHERS – CASE NO. 27401/15

Article written by Savera Singh and checked and released by Jayna Hira, Associate INTRODUCTION In the case of Stransham-Ford v Minister of Justice and Correctional Services and Others, the contentious topic of euthanasia was discussed at length and assessed on the individual merits of the case. Mr Robert James Stransham-Ford (“the Applicant”), was a highly
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Marais and 56 Others v Shiva Uranium (Pty) Ltd (In Business Rescue) and Others (J3049/18) [2018] ZALCJHB 346; (2019) 40 ILJ 177 (LC); [2019] 5 BLLR 472 (LC) (5 October 2018)

SUMMARY Marais and 56 Others (“Applicants”) were the employees of Shiva Uranium (Pty) Ltd (“First Respondent”) and brought an urgent application in the Labour Court seeking leave to institute legal proceedings against the First Respondent, the employer, which was placed in business rescue on 19 February 2018, in terms of section 113 (1)(b) of the
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Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC).

SUMMARY The Constitutional Court (“CC”) handed down its judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (“SCA”), regarding the question as to whether a business rescue practitioner enjoys a “super preference” over all creditors, whether secured or not, during liquidation proceedings, in terms of the Companies
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De Klerk v Ferreira and Others (35391/14) [2017] ZAGPPHC 30; 2017 (3) SA 502 (GP) (2 February 2017)

SUMMARY Dr BJ de Klerk (“De Klerk“) and Mr MJ Ferreira (“Ferreira“) held equal membership interests in Plantsaam Bestuurdienste CC (“Plantsaam“) and equal shares in Benjo Eiendomme (Pty) Ltd (“Benjo”) (herein collectively referred to as the “Entities”). De Klerk and Ferreira were the only members and shareholders of the Entities.   Certain agricultural land was
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Aton GmbH and the Independent Board of Murray & Roberts Holdings Limited – Takeover Special Committee Ruling and Reasons, dated 31 July 2018.

SUMMARY The following case discusses an Appeal before the Takeover Special Committee, with regards to a long running dispute between companies Aton GmbH and Aton Austria Holding GmbH (“Aton”), as well as the Board of Murray & Roberts Holdings Ltd (hereafter “M&R”). According to section 119 of the Companies Act 71 of 2008 (hereafter “Companies
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Motala v the Master (313/13) [2013] ZASCA 185 (29 November 2013)

SUMMARY During July 2003, the first appellant, Motala, being one of the joint liquidators of Cement Board Industries (Pty) Ltd (“CBI”), instituted an action, along with his colleagues and fellow joint liquidators, against the fifth respondent, Boake Incorporated (“Boake”), and the sixth respondent, Mr Kevin Wiles (“Wiles”). The action was still ongoing in August 2010
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Business Rescue: No Protection from Eviction in the Companies Act

By Maike Gohl, Associate and Charlotte Clarke, Candidate Attorney   Introduction This article examines the case of Kythera Court v Le Rendez-Vous Cafe CC and Another 2016 (6) SA 63 (GJ), which deals with the eviction of a close corporation undergoing business rescue proceedings in terms of s 129 of the Companies Act, 71 of
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