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capacity

Directors’ Delinquency versus Probation

Introduction A significant innovation under the Companies Act 71 of 2008 as amended (the “Act”) is that it provides for a court application to declare a director delinquent or to have him/her placed under an order of probation. The Act confers locus standi on a broad range of persons to apply to court for such […]

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The Carbon Tax Act

Introduction The Carbon Tax Act 15 of 2019 (the “Act”) was enacted as a result of the increase of greenhouse gas emissions in the atmosphere, which is causing and contributing to global climate change.  The Act in its preamble, therefore, aims to contribute to the worldwide effort to stabilise greenhouse gas emissions by employing the […]

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Micro-Insurance

Rule 43 Maintenance Orders cannot be Appealed – is this Constitutional?

Introduction Rule 43 of the High Court rules provides a mechanism for a litigant in divorce proceedings to approach the court for an order granting them an interim child and/or spousal maintenance pending finalization of the divorce. It is well established that these orders cannot be appealed. But it this principle constitutional? The Issue The […]

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Debt Relief – The Consequences of the National Credit Amendment Act

President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is aimed at providing relief to over-indebted consumers. The Act has prompted consternation from bodies such as the Banking Association South Africa raising their concerns that some of their customers will get away with not having to repay their debt as […]

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Labour law false allegations

Effect of the Restraint of Trade in Your Employment Contract

Introduction The provision for restraint of trade clauses may seem simple and employees may be tempted to agree to it when newly employed. However, the effect of the clause is far-reaching and employees must be aware that they are presumed to be familiar with the effect of the clause. Generally, restraint of trade clauses restrict […]

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