Opinion

Do Suretyship Obligations Survive a Business Rescue

Do Suretyship Obligations Survive a Business Rescue

Since the new Companies Act came into force, there have been challenges in ascertaining the meaning, effect and application of many of the provisions of the new Act. In the recent decision of the Western Cape High Court in the matter of Tuning Fork (Pty) Ltd t/a Balanced Audio v Greeff & Another 2014 (4) […]

White collar crime

White collar crime

There has been a number of significant corporate failures in South Africa that are attributable to misrepresentations and fraud perpetrated by directors and, in some instances, the controlling mind of entities that are set up with their primary purpose being to fleece unwary investors of their hard earned cash. One such scheme that sticks in […]

Director’s duties in dealing with financial distress

Director’s duties in dealing with financial distress

Our common law has historically viewed directors as occupying a position of trust and as such has obliged them to carry out their duties as cautiously, prudently and diligently as if they were managing their own affairs. The Companies Act 71 of 2008 (“the Act”), which came into effect on 1 May 2011, has codified […]

Is Arbitration a preferred method of dispute resolution in South Africa?

Is Arbitration a preferred method of dispute resolution in South Africa?

Arbitration is one of the dispute resolution mechanisms used as an alternative to resolving disputes through the court system.  Litigation through the courts is often beleaguered with an oversupply of disputes to be aired, and an undersupply of resources to cope with the volume of such disputes within timeframes that provide businesses with a platform […]