JUST AND EQUITABLE EVICTION

JUST AND EQUITABLE EVICTION – A Summary Of The Recent ConCourt Decision in Willem Grobler v Clara Phillips & Others [2022] ZACC 32

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...

NOT FOR VALUE MEANS NO VALUE AT ALL

One would have thought that the Supreme Court of Appeal (“SCA”) would have had an opportunity to interpret the important sections of the 1937 Insolvency Act by now. This appeared not to be the case when section 26 of the 85-year-old act came before the Supreme Court of Appeal recently in Strydom & Another NNO...