Articles

CAN COUPLES CONTRACT OUT OF THEIR MARITAL REGIME?

Introduction In a day and age where uncertain times seem to be the only constant, many married couples are faced with the question of whether their marital regime best serves them, and if not, then whether they can merely agree for it to change?     Recent Case Law In the recent matter of Anita…

REGULATIONS – ALERT LEVEL 4 SUMMARY

COVID-19 REGULATIONS: 5-LEVEL FRAMEWORK Pursuant to the easing of the national lockdown effective from 24h00 on 30 April 2020, the President of the Republic of South Africa has announced that South Africa will adopt a 5-level staggered approach to re-opening the economy and easing the restrictions on public movement. On 29 April 2020 regulations were…

IS IT POSSIBLE TO RESTRUCTURE YOUR COMPANY’S DEBT?

In these challenging economic conditions, it is important for directors of a company to know that there are options available to the company besides liquidation or business rescue. It is also possible for a company to restructure its debt by entering into a compromise or arrangement (“compromise”) with its creditors. The normal options such as…

COVID-19 – LOCKDOWN EXTENSION REGULATIONS

Introduction On 9 April 2020, President Cyril Ramaphosa announced that the nationwide Covid-19 lockdown (“Lockdown”) would be extended for two-further weeks. The President further announced that amendments could be expected to the existing regulations published on 18 March 2020 (as amended) in terms of the Disaster Management Act No. 57 of 2002 (“Regulations”). On 16…

PAYING STAFF DURING THE LOCKDOWN

On the whole, this issue will arise only at the end of April 2020, except for weekly paid employees and those whose pay date falls in the middle of April. Most monthly paid employees would have been paid for March, unless the business was already suffering and earned no or little revenue during the preceding…

NATIONAL DISASTER BENEFIT

The Unemployment Insurance Fund (UIF) has added an additional benefit for employers and employees, arising from the coronavirus pandemic and national lockdown. The popular conception is that a single payment of R3 500,00 per employee per month will be made. On careful reading of the guidelines and regulations, this appears to be an oversimplified understanding…

REGULATION UPDATE: COVID-19 AND LOCKDOWN

Introduction Since the commencement of the 21-day lockdown period imposed on South Africans on 24 March 2020, several amendments have been made to the regulations catering for the conditions of the lockdown. Herewith a break-down of the relevant amendments: Prohibition of Movement 2.1 General: Every person is confined to their place of residence unless strictly…

COVID-19 AND CONTRACTS – BOUND OR NOT BOUND?

A question on the minds of most currently is to what extent parties to a contract can be held liable to perform their obligations in the face of COVID-19 and the restrictions which come with it. The first case of COVID-19 in South Africa was reported on 5 March 2020. On 23 March 2020, President…