Tag ArchivesBeata Warnich

Are conciliation proceedings at the CCMA privileged? A case study perspective.

The Labour Relations Act No. 66 of 1995, as amended (hereinafter referred to as “the LRA”), is regarded as the most important part of any Labour Legislation. The Labour Relations Act created structures for the purpose of collective bargaining, this included bargaining and statutory councils. The above-mentioned councils, in conjunction with the Commission for Conciliation, […]

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Sectional title scheme – how do owners institute legal proceedings?

Ownership of a Section Title is made up of three elements; namely individual ownership, joint ownership and membership of a body corporate.  Individual ownership is the section you purchased whereas joint ownership is the part know as common property. The section purchased is considered the principle section, with undivided shares in the land and other […]

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water laws

Water Laws and the environment

Water-A hot and important topic on all South African’s lips, particularly if you are a Capetonian.  However, severe water shortages could affect one-third of the global population by the year 2025, which will extend well beyond arid and semi-arid countries. This was reported in the Stockholm Water Conference in 2001 and the United Nations World […]

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Debt Review

Termination of a debt review application/order

The National Credit Act No 34 of 2005, as amended, (hereinafter referred to as “the Act”) makes provision for debt review.  Debt review is a debt rehabilitation program in which the restructuring of a consumer’s debt is made and implemented as a repayment plan. This is mainly to effect one payment a month to all […]

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Insolvency enquiries relating to the examination of persons in winding-up proceedings in terms of Sections 417 and 418 of the old Companies Act 61 of 1973

Sections 417 and 418 of the Companies Act No. 61 of 1973 (hereinafter referred to as “the Old Act”) deal with the summoning and examination of persons to investigate the affairs of an insolvent company.  This is important as it provides protection for company’s creditors, by not leaving the entity a shell without any means […]

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