Deadlock-Breaking Mechanisms

Deadlock-Breaking Mechanisms

The Lifelines for Agreements to Agree and Agreements to Negotiate in Good Faith   In order for a contract to be valid, it needs to fulfill certain requirements. Firstly, the parties entering into the contract need to have the capacity to do so. Secondly, there needs to be a meeting of the minds on the…

Poor Work Performance vs Misconduct

A dismissal is unfair if it is not effected for a fair reason (substantive fairness) and in accordance with a fair procedure (procedural fairness).[1] There are three grounds on which a termination of an employee might be legitimate, namely conduct, capacity and operational requirements.[2] The Code of Good Practice provides for guidelines relating to dismissals…

Business Rescue Proceedings

Following the commencement of the Companies Act 71 of 2008 (hereafter referred to as the “Act”),[1]  Business Rescue Proceedings have been introduced as a mechanism to assist with the rescue and recovery of financially distressed companies in such a manner that it balances the rights and interests of all relevant stakeholders.[2] The purpose of this…

Striking an Agreement Before Striking Gold

Following the commencement of the Mineral and Petroleum Resources Development Act[1] (MPRDA) in 2004, the State is now the custodian of the mineral and petroleum resources in South Africa.[2] As such, the Minister of Mineral Resources is empowered to grant prospecting rights and mining rights after certain statutory requirements have been satisfied. One such requirement…

Blacklisting: How to legally blacklist consumers

Although not defined in the National Credit Act 34 of 2005 (the Act), nor in the Regulations thereto, “blacklisting” is a far too familiar concept to most South African consumers and businesses. “Blacklisting” can be defined as the submission of negative payment information to a registered credit bureau. (LS Crawford v JD Group Limited 2015)…

What are the Consequences of an Unregistered Servitude?

Why do we Register Servitudes? Once servitude has been registered against the title deeds of a property/ies it obliges the parties to formally recognize the servitude and it allows the person to which the servitude was granted in favour of to enforce their rights. What Constitutes a Registered Servitude? The relevant parties (grantor and grantee)…

MOI Deadline Looms

Companies are urged to lodge their new memorandum of incorporation in terms of the Companies Act on or before 30 April 2013. With the deadline upon us, companies are encouraged to submit…