Association of Mineworkers and Construction Union and Others v Ngululu Bulk Carriers (Pty) Limited (In Liquidation) and Others (CCT15/18) [2020] ZACC 8

By Elani Vogel SCHINDLERS CLE CASE TITLE Association of Mineworkers and Construction Union and Others v Ngululu Bulk Carriers (Pty) Limited (In Liquidation) and Others (CCT15/18) [2020] ZACC 8 (6 May 2020) CATEGORY Labour Law  BACKGROUND AND SUMMARY In this matter, the Constitutional Court (the “Court”) had to consider two preliminary points which had succeeded
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A Guide to the Intergovernmental Fintech Working Group PositionPaper on Crypto Asse

By Wesley Pons, Associate and Elani Vogel, Candidate Attorney 1. Introduction On 16 April 2020, the Intergovernmental Fintech Working Group (“the IFWG”) published its position paper on crypto assets, providing specific recommendations for the development of a regulatory framework for crypto assets in South Africa (“the position paper”). The IFWG is a body of several
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The Publication Requirements of Business Rescue

By Elani Vogel, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction  Once a company has been placed into business rescue, it is vitally important for the respective processes to be properly followed. Chapter 6 of the Companies Act 71 of 2008 (“the Act”) stipulates that the respective Notices, required to place a company into business
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Tusk Construction Support Services (Pty) Ltd and Another v Independent Development Trust (Case no 364/2019) [2020] ZASCA 22 (25 March 2020)

BACKGROUND This matter was heard by a full bench of the Supreme Court of Appeal with leave of the court a quo, being the High Court of South Africa, Gauteng Division, Pretoria. In the main action, Tusk Construction (Pty) Ltd (“the First Appellant”) and Joint Equity Investments (Pty) Ltd (“the Second Appellant”) sued the Independent
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A S and Another v G S and Another (D12515/2018) [2020] ZAKZDHC 1 (24 January 2020)

BACKGROUND In this matter, a 72 (Seventy Two) year old housewife (“main Applicant”) instituted proceedings against her husband (“main Respondent”) on the basis of public interest to obtain a declaratory order to have sections 21(1) and 21(2)(a) of the Matrimonial Property Act 88 of 1984 (“MPA”) be declared unconstitutional and that all marriages concluded in
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