The Benefits of Commercial Mediation

The eerily similar nature of two matters that I was involved in was ample motivation to prepare this short case study. Both cases involved disputes amongst shareholders related to matters of corporate governance and significant trust deficits among the parties involved, and who were deadlocked as to the future management of the company. Rule 41A […]

Inner-City Living: When Is Noise Just Noise and Not a Nuisance?

We all live in a world of noise. Our cities reverberate with the cacophony of urban development, construction and traffic – music filtering from bars and restaurants, ringtones, taxis hooting, dogs barking and people shouting. Whilst some noise is tolerable there are instances where it becomes a nuisance or is disturbing; where it intrudes on […]

Financially Stressed Homeowners to Engage Banks Before Forced Foreclosures

    Between April and June last year, 1.6 million South Africans applied for mortgage payment holidays from their banks. While this provided some form of temporary relief, it is now costing them, on average, an additional R12 900 a month due to having to pay up on interest accrued, pushing many South Africans further into […]

Business Rescue Increases Amongst SMEs and Corporates

            CNA is the latest in a string of high profile brands that have gone, or are considering going into business rescue, following in the footsteps of Ster Kinekor, Edcon, Comair and SAA. Business rescue is also on the increase in the SME sector, as many suffer from financial distress. […]

No Ducking and Diving – Stick to the Rules of Insolvency

The COVID crisis has had an overwhelming impact on local business with corporate South Africa struggling to keep its head above water and the wolves at bay.  With no clear indication as to how the lockdown process will further impact businesses in the coming months, an understanding of the law of insolvency can provide much […]

Business Rescue, Liquidation or Survival – Time to Make the Call?

Big corporation or small enterprise – no business is immune to the current financial disaster 2020 has chauffeured in. We’ve seen the business rescue troubles of SAA unravel before our locked-down eyes, EDCON and Comair sending up an SOS flare and reports of indeterminable businesses (small and large) staring down the barrel of the COVID-19 […]

Compromising With Creditors

(in terms of section 155 of the Companies Act)   Introduction – Purpose   The purpose of this section of the Companies Act (Act 71 of 2008) is to allow for a company to make an agreement of compromise with its creditors without going into liquidation or being wound up or as an alternative to, […]