Case summary written by Tayla Bruce and checked by Jordan Dias. 04 November 2020 BACKGROUND On 12 October 2010, Brocsand (Pty) Ltd (“Brocsand”) and Full Score Trading CC (“Full Score”) concluded an agreement in terms of which Brocsand was appointed to render mining services in respect of the minerals located on a farm (“Red Hill

Case summary written by Tayla Bruce and checked by Jayna Hira. 05 October 2020 Background The Applicant (“Imbumba”) is an association consisting of twenty-five-member non-profit organisations, whose function is to provide specialised community-based care in accordance with section 11 of the Older Persons Act 13 of 2006 (“the Members”). Each of the Members entered into

Case summary written by Snazo Tuswa and checked by Jordan Dias Background On 7 August 2019, M Du Plessis (“the Arbitrator”) handed down an award in arbitration proceedings (“Arbitration Award”), between the First, Second, Third Applicants, and the Second to the Eighth Respondents. Subsequent to such arbitration, the Arbitrator ordered compliance as to all participants

Case summary written by Tayla Bruce and checked by Jordan Dias Background:  During March 2013, Anabella Resources CC (“the Appellant”) and Genric Insurance Company Limited (“the Respondent”) entered into an insurance agreement (“the Agreement”), in terms whereof the Respondent undertook to indemnify the Appellant for loss or damage which it suffered in the event of

By  Tayla Bruce and checked by Jayna Hira    Background On 3 November 2010, the Competition Commissioner, acting on behalf of the Competition Commission (“the Applicant”), initiated a complaint against several firms in the furniture removal industry (“2010 Complaint”). The 2010 Complaint alleged that these firms had been engaged in multiple instances of “cover quoting”

By Tayla Bruce, Candidate Attorney and Lee Binneman, Partner 1. Introduction The COVID-19 pandemic will leave a long-lasting impact on businesses worldwide.  The rapid spread of the illness and the subsequent nationwide lockdown imposed in South Africa have forced businesses to take practical and pro-active steps to mitigate losses and ensure their survival. Naturally, the

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

By Saul Mayers, Associate 1. Introduction Unforeseeable and unfortunate hardships may befall a company, possibly placing its business in the precarious state known as “financially distressed”. In terms of section 128(1)(f) of the Companies Act No. 71 of 2008 (the “Act”), “financially distressed” in reference to a particular company at any particular time, means that

By Wesley Pons, Associate, John Mackechnie, Associate, and Alec Veitch, Partner 1. Introduction Globally, major sporting events, festivals, conferences, accommodation, flights and bookings in general have been postponed or cancelled as a consequence of the COVID-19 pandemic. In South Africa many organisers have postponed or cancelled bookings and have stringently sought to impose a blanket