By Frank Sebatana, Candidate Attorney and Checked by Jayna Hira, Associate        1. Introduction  With proper knowledge and a structured application any deceased estate can, be settled with the least amount of difficulty. Herein is a brief guideline explaining what is a deceased estate; How it must be reported and how to winding


By Megan Brook, Candidate Attorney and Justin Sloane, Partner       Introduction South Africa has one of the most unequal societies in the world due to its racially segregated past. The Constitution of the Republic of South Africa, 1996 (“The Constitution”) places a duty on our law-makers to put in place measures, legislative and
By Elani Vogel, Candidate Attorney and Justin Sloane, Partner Introduction The purpose of this article is to provide the reader with a basic overview and understanding of the remedies against domestic violence and harassment. On 13 May 2020, President Cyril Ramaphosa noted during his address to the nation that, during the period of the National
By Elani Vogel, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction The Supreme Court of Appeal (“SCA”) judgment of Diener N.O. v Minister of Justice and Others (926/2016) [2017] ZASCA 180 has significant implications for business rescue practitioners (“BRPs”) when applying for the conversion of a business rescue into a liquidation.  Background Mr Ludwig Diener
By Marc Barros Gevers, Candidate Attorney and Chantelle Gladwin-Wood, Partner Introduction The City of Johannesburg (“The City”) has a number of financial assistance measures in place for its consumers. Each of these measures has their own specific requirements that a consumer would have to meet in order to qualify. Examples include the Pensioners’ Rebate and
By Sean Buskin, Candidate Attorney and Caitlin Wilde, Partner Introduction The purpose of this article is to provide the reader with a basic and general understanding of what section 140 and section 141 of the Companies Act 71 of 2008 (“the Act”) entails, with specific reference to the powers which a business rescue practitioner holds
By Dean Scher, Candidate Attorney and Caitlin Wilde, Partner Introduction Economic uncertainty has affected every stratum of society. This article seeks to explore the practicalities of the business rescue process and the effect of entering into business rescue on a contract of lease. The purpose of the business rescue procedure, as enacted under the Companies
INTRODUCTION Our law requires that parties to legal agreements must have the necessary mental capacity, i.e. be able to understand the nature, purpose and consequences of their actions. This article will demonstrate what is required when a person with diminished mental capacity, resulting from mental illness, brain injury, a stroke, dementia, incapacity related to aging
By Nicole Rens, Candidate Attorney and Anja Van Wijk, Senior Associate Introduction With level 4 lockdown regulations currently in full force and level 3 lockdown coming up, and with so many laws/regulations being changed sporadically, there are still several unanswered questions regarding the extent of the moratorium in respect of eviction proceedings at present and
INTRODUCTION When a purchaser takes occupation of a property before registration of transfer, the purchaser has the opportunity to live in the property purchased prior to the date of registration.  One of the possible consequences of this early occupation is that purchasers from time to time experience issues in the property. These issues range from