Tag ArchivesAnye Jansen van Rensburg

Claiming for diminution in value of shareholding

Introduction Can a shareholder claim for the loss he or she suffered as a result of diminution in the value of his or her shares? This is the question the Supreme Court of Appeal had to answer in the case of Itzikowitz v Absa Bank Ltd (20729/2014) [2016] ZASCA 43. Facts The facts of the […]

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Lease Agreement

Rental Housing Amendment Act – How will this impact your lease agreement?

Introduction The Rental Housing Amendment Act (hereafter “the Act”), Act 35 of 2014, has been assented to parliament and signed by the President. The date when the Act will come into operation is yet to be announced. In the meantime, it is important that members of the public and practitioners take note of the amendments. […]

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What does the construction law say? Additional and or extra work done in the course of construction.

In the South African construction industry the commonly known Joint Buildings Contract Committee (JBCC) agreements have become the standard form for agreements used in the construction industry in South Africa. The agreements are written in plain language and therefore can be understood by laymen in the construction industry. This is a great advantage. These agreements have […]

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Contract drafting – Why should I pay for a contract when I can use a template?

In practice as attorneys, we often hear clients ask why they should spend any money to have a contact drafted professionally, when they can simply download a template from the internet. Or obtain a very low cost template from their local news agency. As with all things in life that are for free there is […]

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Minority shareholders appraisal rights in South African commercial law

In South African commercial law the Companies Act, Act 71 of 2008 (hereafter “the Act”), provides various remedies for the protection of minority shareholders. This article will focus on one such remedy provided in section 164 of the Act,  being the dissenting shareholder’s appraisal right. In short section 164 allows a dissenting shareholder to elect […]

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