Articles

MERGERS AND ACQUISITIONS

By Amy Farish (Associate at Themis Law Chambers) MERGERS AND ACQUISITIONS: THE APPLICATION OF THE TAKEOVER REGULATIONS Introduction Company A enters into a sale of shares agreement with Company B where by Company A purchases 40% of the shareholding in Company C.

TO LITIGATE OR NOT TO LITIGATE

By Fouché Strydom (Senior Associate at Hayes Incorporated) TO LITIGATE OR NOT TO LITIGATE, WHAT ARE THE ALTERNATIVES? AN OVERVIEW OF ARBITRATION AND COURT ADMINISTERED MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION MECHANISMS You’ve learnt to trust your inner voice of reason to guide you to act justly and appropriately, but when the voice of reason fades…

WORKING OVERTIME

By Venolan Naidoo (Senior Associate at Hayes Incorporated) It is a reality of business that upsurges in workflow occur from time to time. To meet such demands, an employer would require employees to work more than their ordinary working hours as governed by law. This also benefits an employee as they would be entitled to…

THE INVESTING TRUSTEE

By Noelle Snyman (Candidate Attorney at Hayes Incorporated) The office of trustee is one saddled with many duties. One of these duties is the duty to invest, in order to preserve and promote trust property. Investment of trust property is often a balance between risk and reward, making it a delicate practice. The duty to…

RESTRAINTS OF TRADE

By Hannah Claassens (Associate at Hayes Incorporated) RESTRAINTS OF TRADE – ‘GETTING CAKE ON YOUR FACE?’ This case of The Velvet Cake Company (Pty) Ltd v R Niehaus & Blondies and Brownies Bakery CC 2016 [Reportable] centres around two bakeries in Cape Town CBD, The Velvet Cake Company (Velvet) and Blondies and Brownies Bakery (Blondies…

A CLAIM FOR COMPENSATION BY LAND OWNERS

By Hugo van Heerden (Senior Associate at Hayes Incorporated) A CLAIM FOR COMPENSATION BY LAND OWNERS: THE REALLY USEFUL-CASE A decision by an authority can limit the rights of a land owner to use or develop land and might even cause financial loss to the land owner. Will a land owner be able to claim…

GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY?

By Fouché Strydom (Senior Associate at Hayes Incorporated) GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY? Your neighbour is not a nosy or noisy guy, his trees don’t drop leaves in your swimming pool, no, your trouble with the man next door relates to a fence. This fence is your glorious game fence that you…