How does the National Credit Act apply to me?

Article was written by Stef de Gouveia, Candidate Attorney, checked by Sean Buskin, Candidate Attorney, and released by Keane Robertson, Senior Partner at Schindlers Attorneys. 30 June 2021 INTRODUCTION The National Credit Act No.34 of 2005 (the “NCA”) was signed into law by the president on 15 March 2005, with the intention of governing the application
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An overview of Trust and the legal rights and responsibilities of trustees and beneficiaries in a trust relationship

Article was written by Phumzile Rabula, Candidate Attorney, checked by Sean Buskin, Candidate Attorney at Schindlers Attorneys 30 June 2021 Introduction South Africa recognises three types of Trusts namely Inter Vivos Trusts or Living Trusts, Testamentary Trusts, and Bewind Trusts. This article seeks to provide a brief overview of what a Trust is, as well
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S v Papiyana and Another (CA&R 19/2021) [2021] ZAECMHC 8 (23 February 2021)

Case summary written by Dean Scher and checked by Sean Buskin 30 March 2021 Background This is a review application brought in terms of Section 304A of the Criminal Procedure Act, 51 of 1977 (the “CPA”). The two accused persons, Malibongwe Papiyana and Luvo Mbana, were convicted by the Regional Court Magistrate of Lady Frere
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Dale v Newey and Another (42594/2019) [2021] ZAGPJHC 1 (28 January 2021)

Written by Stef de Gouveia and checked by Sean Buskin Background: In this matter, Jaycen Trevor Dale (the “Applicant”) sought an eviction order against Michaela Sarah Newey (the “First Respondent”) in the South Gauteng High Court (the “Court”), which the First Respondent opposed. The Second Respondent did not participate in proceedings. Gilbert AJ (“Gilbert”) was
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Impac Underwriting Managers (Pty) Ltd and Another v Du Plooy and Others (41233/2020) [2020] ZAGPPHC 512 (14 September 2020)

Case summary written by Sean Buskin and checked by Stefan Bezuidenhout 5 October 2020                                   Background This case concerns an application by Willem Hendrik Frederik Du Plooy (“the First Respondent”), Chanel Celeste De La Roche-Vivviers (“the Second Respondent”), Wihan Groenewald (“the Third Respondent”), Oopkop (Pty) Ltd (“the Fourth Respondent”), Willem Hendrik Frederik Du Plooy (“the Fifth
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Kuyasa Mining (Pty) Ltd and Another v Eskom Holdings SOC Limited (02966/2020) [2020] ZAGPJHC 175 (7 August 2020)

Case summary written by Sean Buskin and checked by Stefan Bezuidenhout Background This case concerns a coal supply agreement (“the Agreement”, entered into in September 2011 between Kuyasa Mining (Pty) Ltd (“the First Applicant”), Delmas Coal (Pty) Ltd (“the Second Applicant”) and Eskom Holdings Soc Limited (“the Respondent”), sought to be cancelled by the First
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Cassim NO v Ramagale Holdings (Pty) Ltd and Others (2020/11605) [2020] ZAGPJHC 149

By Sean Buskin and checked by Lauren Squier      Background This case concerns an application by the business rescue practitioner (“the Practitioner”) of Ramagale Holdings (Pty) Ltd (“Ramagale”) in order to provisionally wind-up Ramagale. The application was opposed Peter Naledzani Ramaite (“Ramaite”) and Lorenso Manenti (“Manenti”), being shareholders and directors of Ramagale.  The Practitioner
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Magoveni Pharmaceutical Pty Limited v Pick ‘n Pay Retailers Pty Limited and Another (2019/19666) [2020] ZAGPJHC 138

By Sean Buskin and checked by Khotso Mmatli   Background This case concerns an application by Magoveni Pharmaceutical (Pty) Ltd (the “applicant”) to review and set-aside an arbitration award, granted by the arbitrator in favour of Pick ‘n Pay Retailers (Pty) Ltd (the “first respondent”). The arbitrator is cited in the review proceedings as the
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The Powers of a Business Rescue Practitioner

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
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Diesel Direct (Pty) Ltd T/A Xfuels v Excodor 37 CC T/A Total Vaalwater (3605/2018) [2020] ZALMPPHC 3 (28 January 2020)

BACKGROUND The case before the High Court of South Africa, Limpopo Division, Polokwane concerns a written Acknowledgement of Debt (the “AOD”) entered into on 22 December 2017, between Mr. Barend Jacobus, representing Diesel Direct (Pty) Ltd (the “Applicant”), and Mr Delmar Nortje, representing Total Vaalwater (the “Respondent”), for the amount of R208 215. 97 for
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