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…
Case Summary – Butcher Shop and Grill v Bymyam Trust
The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Act”) comes into force on 1 April 2023 and amends the following legislation: Trust Property Control Act Nonprofit Organisations Act Financial Intelligence Centre Act Companies Act 71 of 2008 Financial Sector Regulation Act Please see below the amendments to the Trust…
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…
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.
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…
National Water Act SCA Lotter Case – Summary 091121
Judicial officers are appointed in terms of section 174 of the Constitution. The Constitution provides that the President must appoint the judges of all the other courts (Supreme Courts of Appeal, High Court etc.), except the constitutional court, on the advice of the Judicial Services Commission (“JSC”). Two essential criteria appear from the provisions of…
In order to obtain a better view and understanding of the 8 nominees for the position of Chief Justice, the Presidency has made available short biographies of the 8 nominees, as can be seen hereunder. ADVOCATE ALAN NELSON SC AGE AND GENDER: White male, 69 years of age CURRENT POSITION: Accredited Mediator with the Centre…
The 11th of October 2021 marked the last day in office for Mogoeng Mogoeng as the Chief Justice of the Republic of South Africa. In light of the above and the current Judicial Service Commission (“JSC”) appointments and interviews taking place, we unpack the appointment process of the Chief Justice and that of the other…