In September 2025, the Western Cape High Court, in the matter between Phillips and Another v Bradbury, delivered a judgment which serves as an important reminder that security measures, including CCTV surveillance, must be balanced against neighbours’ constitutional rights to privacy and dignity. The matter arose from a long-standing and acrimonious dispute between neighbouring property […]
Earlier this year, the Companies and Intellectual Property Commission (‘CIPC”) issued Guideline 1 of 2025, which provides an important summary of the consequences of non-compliance with directors’ duties under the Companies Act 71 of 2008 (“the Act”). This Guideline is aimed at clarifying the risks directors face where they fail to discharge their statutory obligations, […]
In South Africa, divorce proceedings require the party initiating the divorce to provide reasons for the irretrievable breakdown of the marriage. Adultery and infidelity are common grounds for divorce, and in many cases, the spouse who feels wronged may seek to have their partner forfeit their share of the marital estate. The purpose of forfeiture […]
In our last newsletter we looked at the liquidation of insolvent companies. Now we move on to explore the process of liquidating solvent companies. Solvent Companies Section 81 of the New Companies Act provides for an application for the winding-up, or liquidation, of a solvent company by Court, and sets out, in Section 81(1), who […]
The recent decision in Pioneer Drill and Blast (Pty) Ltd v Deysel is a reminder of the legal consequences for individuals that have entered into suretyship agreements. In this matter, the High Court reaffirmed that a person who enters into an agreement as surety cannot later avoid liability by claiming ignorance of the document’s legal […]
This note briefly sets out selected sections of the Companies Amendment Act 16 of 2024 and the Companies Second Amendment Act 17 of 2024 which affects our clients from 27 December 2024, and which amends (“the amendments”) the Companies Act 71 of 2008 (“the Act”). SECTION 77 OF THE ACT – LIABILITY OF DIRECTORS AND […]
In a recent judgment between Inhlakanipho Consultants (Pty) Ltd v Commissioner for the South African Revenue Service, the High Court reaffirmed the binding nature of settlement agreements concluded with SARS, delivering an important reminder about certainty and fairness in tax administration. This principle can also be applied to settlement agreements between parties outside of SARS. In […]
Is it necessary to have an employment contract? When dealing with clients, both employers and employees, we often ask for copies of employment contracts and are told that there are no contracts. South African law does not expressly state that you have to have an “employment contract”. However, section 29 of the Basic Conditions of […]