LEGAL ARTICLES

I am a creditor in a company that is now in business rescue. I do not believe the business rescue practitioner is acting in the best interests of the creditors. What can I do ? Depending on the specific facts of a particular case, the Business Rescue Practitioner ( “BRP”) may be removed in terms [...]

When can an executive director be held personally liable for his/her conduct in a company in terms of the companies act , 71 of 2008? To answer this question it is necessary to first look at the relevant provisions of the Companies Act,71 of 2008 ( “the Act”). This article will not deal with all [...]

I have received an award ordering a government department to pay me a sum of money pursuant to following the arbitration process. What are the next steps that I may take against the government department to enforce the award The arbitration award is required to be made an Order of Court in terms of Section [...]

Need to Make an Urgent High Court Application or Application for Judicial Review?CONTACT US NOW I am of the view that a tender has been unlawfully awarded to a competitor. What can I do on an urgent basis? The short answer will be to bring the application as soon as reasonably possible and as soon [...]

Divorce and family law in Cape Town Call: 010 300 0266 Nicole Rasi Cape Town Divorce Lawyer | Call 010 300 0266 An Overview Divorce is can be an extremely traumatic time for all involved and requires both compassion and practical legal advice that will stand the test of time. Divorce falls under the ambit of [...]

The ruling, delivered by Potterill J, reaffirms the courts’ commitment to fair and lawful public procurement and further cements CDV Law’s status as a leader in administrative and constitutional litigation. The Tender Dispute: Risk to Public Integrity and Procedural Fairness CDV Law’s client, TDW, had been the incumbent service provider to SASSA for seven years, […]

Legal Challenge: Statutory Misuse and Overreach At the heart of the litigation was an attempt to invoke sections 162, 218(2), and 22 of the Companies Act to hold directors personally accountable for the alleged reckless trading of the company. The claimant sought to pierce the corporate veil by way of declaratory relief and a claim […]

The Case: Allegations of Oppression and Demands for a Multi-Million Dollar Share Buy-Out The applicant, a minority shareholder in two related companies—one South African and one incorporated in the United States—sought relief under section 163 of the Companies Act. He alleged that he was the victim of oppressive and unfairly prejudicial conduct and demanded that […]

1. Legal Framework for Enforcing Botswana Judgments in South Africa Foreign civil judgments are recognised in South Africa either under the Enforcement of Foreign Civil Judgments Act 32 of 1988 or under the common law (where the Act does not apply). Botswana is a designated country under the Act, so the streamlined statutory route is […]