COMPANY SECRETARIAL SERVICES

NO VOTING RIGHTS FOR POST COMMENCEMENT FINANCIERS

In a far-reaching recent judgement handed down in the South Gauteng High Court the Wescoal Mining (Pty) Ltd Another v Mkhombo NO and Other (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023) the meaning of the term “creditor” was interpreted for purposes of the business rescue provisions of the 2008 Companies Act (“the Act”). The judgement...

CONCOURT ALLOWS FARMERS TO TRADE IN WATER RIGHTS

On Wednesday, 15 March 2023, the Constitutional Court dismissed an application for leave to appeal against a judgment of the Supreme Court of Appeal. The appeal was made by the Minister of Water and Sanitation and Others, and an order was granted in favour of three separate groups of respondents (Lötter N.O., Wiid, and the...

JUST AND EQUITABLE EVICTION

This case dealt with the considerations of justice and equity when evicting an unlawful occupier in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.