SUMMARY This case dealt with an application for the restoration of a clothing and shoe retail store (the “Business”) to the original owner, Osman Asmall (the “Applicant”). The Business was sold to Tornotrim (Pty) Ltd (the “Respondent”) by way of a partly written and partly oral sale of business agreement (the “Agreement”) which was later
- Published in 2019, Commercial Law, News
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Did you get a Drone for Christmas? The Legal Parameters for Drone operators in South Africa – What you need to know
Thu, 21 Feb 2019
By Dominique Lloyd, Senior Associate and John Mackechnie, Candidate Attorney Introduction Owing to the advent of drone technology and the constantly evolving technological landscape, the law has accordingly developed to regulate this rapidly expanding industry. In order to do so, the South African Civil Aviation Authority (SACAA) (as a member of the International Civil Aviation
- Published in News, 2019, Commercial Law, Consumer Protection
Delinquent Directors and the Shareholder-Director Conundrum
Mon, 07 Jan 2019
By Caitlin Wilde, Senior Associate, and Paul-Michael Keichel, Partner Introduction The Companies Act[1] contemplates two distinct sets of instances in which a person may be declared delinquent, alternatively placed under probation. The wording of section 162(5) is peremptory, in that a court must make an order declaring a person to be delinquent in particular
- Published in News, 2018, Commercial Law
Ex Parte Fuls and Three Similar Matters 2016 (6) SA 128 (GP)
Tue, 27 Nov 2018
SUMMARY Each of the four Applicants, respectively, had entered into various credit agreements in terms of the National Credit Act (“NCA”). Subsequent thereto, the Applicants were unable to make payment of their respective liabilities and the Applicants’ only realisable assets consisted of moveable assets with minimal value. As such, they applied for the voluntary surrender
- Published in News, 2018, Commercial Law
S v Mostert and Another 2010 (2) SA 586 (SCA)
Tue, 27 Nov 2018
SUMMARY Mr Mostert and his son (the “Appellants”), who were sugar cane farmers, charged with several offences in terms of the common law, as also contravention of the National Water Act 38 of 1998 (the “NWA”). The charges stemmed from their abstraction of water from the Lomati River. After it came to the attention of
- Published in News, 2018, Commercial Law
Evergreen Property Investments (Pty) Ltd v Messershmidt (A409/2017) [2018] ZAGPPHC 786 (10 October 2018).
Mon, 19 Nov 2018
SUMMARY The appellant in this case was the owner of Evergreen Broadacres Retirement Lifestyle Village (“the Village”). The Village is a sectional titles scheme and a housing development scheme. The respondent resides in the Village, is a Life Right Owner and falls into the Phase 1 & 2 category of resident. The respondent’s complaint related
- Published in News, 2018, Commercial Law, Other
Mlalandle v Nedbank Limited and Others (2215/2017) [2018] ZAECPEHC 36 (31 July 2018)
Mon, 19 Nov 2018
SUMMARY In this matter the applicant seeks to set aside a sale, by auction, of an immovable property. The applicant bases her application on the ground that the sale in execution proceeded in breach of an agreement concluded between the applicant and the first respondent. This application was opposed by the first respondent. The applicant
- Published in News, 2018, Commercial Law, Contract Law
Income Tax Act S12L: The Carbon Tax
Fri, 26 Oct 2018
By Gary Boruchowitz, Associate and Chantelle Gladwin, Partner Introduction The process has been painstaking but South Africa is creeping closer to the implementation of a carbon tax. Draft carbon tax bills were introduced in 2015 and 2017, and the South African government is confident that a green tax will be implemented next year. What
- Published in News, 2018, Commercial Law, Environmental Law
Bloomberg Finance L.P. v Bloomberg Group (Pty) Ltd and Another (CT003Apr2018) [2018] COMPTRI 59 (17 August 2018)
Tue, 02 Oct 2018
SUMMARY The applicant in the matter is Bloomberg Finance L.P, a limited partnership registered in terms of the laws of the United States of America (the “Applicant”). The first respondent is Bloomberg Group (Pty) Ltd, a company registered in terms of the laws of South Africa (the “First Respondent”) and the second respondent is the
- Published in News, 2018, Commercial Law
When Should a Court Interfere in a Contractual Relationship? Weighing the Principles of Pacta Sunt Servanda and Public Policy
Wed, 17 Jan 2018
The principle of pacta sunt servanda translates literally as “agreements must be kept” and forms the basis of the common law of contracts. When two parties willingly and knowingly enter into a contract, the terms of that contract should be upheld by both parties. In the case of Mohamed’s Leisure Holdings (Pty) Ltd v Southern
- Published in 2018, Commercial Law, News, Property Law
