News
What happens once the horse has bolted.
More often than not, when a dismissal sanction is looming, employees enter into mutual separation agreements with employers to avoid tainted employment track records. Some employers, with the hope of avoiding unfair dismissal disputes before the Commission for...
STAY AWAY versus PROTEST ACTION
In the South African Employment arena there is an increase in stay aways which are called by Political Parties and/or Trade Union Movements. As a result of the flaling economy in South Africa and the growing dissatisfaction relating to service delivery, etc., stay...
Legal Talk – The Rights of Grandparents – Interview with Sheri Breslaw
Sheri Breslaw from Fairbridges Wertheim Becker's Family Law department was recently interviewed on Cape Talk Radio's Legal Talk segment with Pippa Hudson. They chatted about the Rights of Grandparents. Listen to the interview below: [sonaar_audioplayer albums="6006"...
Implications of employees earning above the new earnings threshold
Effective from 1 March 2023, the earnings threshold, which is determined by the Minster of Employment and Labour from time to time in terms of section 6(3) of the Basic Conditions of Employment Act of 1997 ("the BCEA"), will increase from R224 080,48 per annum...
Articles by Ayanda Nondwana & Sive Dukada featured in FA News – February 2023
Ayanda Nondwana, Director, and Sive Dukada, Candidate Attorney had two articles featured twice in the latest issue of FA News (February 2023): The bearer of the wrongs of an Independent Contractor (Page 55) Non-compliance may invalidate an indemnity backed by an...
Delictual liability in the workplace.
In the recent judgment of Hobongwana v Benteler South Africa (Pty) Ltd [2023] ZAECQBHC (6 February 2023), the court found that Benteler was liable for the damages suffered by an independent contractor for the injuries he sustained whilst executing an inherently...
Legal consequences of a forfeiture order issued in terms of Regulation 22B after the winding-up of a company.
Decidedly, the Supreme Court of Appeal (SCA) in South African Reserve Bank and Another v Maddocks N O and Another [2023] ZASCA 04 (23 January 2023), has cleared the confusion regarding the legal consequences of a forfeiture order issued in terms of Regulation 22B of...
The lacuna created by the absence of a provision in the Companies Act 71 of 2008 analogous to Section 13 of the Companies Act 61 of 1973.
The lacuna created by the absence of a provision in the Companies Act 71 of 2008 analogous to Section 13 of the Companies Act 61 of 1973. In Systems Applications Consultants (Pty) Ltd t/a Securinfo v Systems Applications Products AG and Others (1371/2018) [2020] ZASCA...
Release From Curatorship in Asset Forfeiture Matters
The issue of asset forfeiture has long created a bone of contention between the public interests and one’s constitutional rights. Granted, the soaring crime levels in South Africa has necessitated tough measures by the State as a tool to combat said threats especially...
Introducing Our Dynamic Trio
Johannesburg and Cape Town, 17 November 2022 – Today marks an auspicious occasion within the revered halls of Fairbridges Wertheim Becker (FWB) with the appointment from 1 March 2023 of Adela Petersen to the role of Managing Partner, Lucinda Verster as Deputy Managing...
Unravelling the preservation and attachment orders of the Steinhoff Saga
When the first indications of a significant accounting fraud scandal emerged in December 2017, Markus Jooste (“Jooste'') resigned from Steinhoff International Holdings NV (''Steinhoff''). As a result, investors lost over R200 billion and accordingly, Jooste was...
Terralex Leadership Programme 2022
Congratulations to Julia Penn and Dhahini Naidu who completed the Terralex leadership programme last week. The programme is designed for individuals who among other things have demonstrated leadership potential. Terralex member firms can nominate two individuals to...
Insurance & Reinsurance Newsletter – November 2022
The latest issue of our Insurance & Reinsurance Newsletter (8 November 2022) is out now! In this issue: PPR and TCF Principles put to the test. Teacher knows best. Municipality liable for failure to cover a water drain on the road. Pedestrians and athletes owe...
Whether the Solvency and Liquidity test provides sufficient protection to creditors and minority shareholders
Article by Dhahini Naidu The Companies Act No. 71 of 2008 (“the 2008 Act”) reproduces a change from the standard of preserving the capital structure, to preserving the solvency and liquidity test, in comparison to its predecessor the Companies Act No. 61 of 1973 (“the...
No horsing around: A precedent-setting judgment.
No horsing around: A precedent-setting judgment. For over 40 years, two POLO brands have co-existed on the South African retail market: POLO by Ralph Lauren, an international brand by an American designer retailing perfume and cosmetic products, and LA Group...
The Evolution of Family in SA Law and its effect on Property Transactions
The recent judgment in Bwanya v Master of the High Court and Others brought into sharp focus how several of our Laws around ownership and inheritance in the "Common Law Spouse" arena are either too broad or not quite specific enough to protect each party in the event...
Lucinda Verster – Recommended Attorney for Competition Law Litigation in South Africa by Global Law Experts
Partner, Lucinda Verster, has been selected by Global Law Experts as the exclusive attorney they recommend for Competition Law litigation in South Africa (https://bit.ly/LVerster). GLE, whose accreditation process is by invitation only, is a worldwide...
Fairbridges Wertheim Becker JHB Office Launch Cocktail Party
Fairbridges Wertheim Becker was pleased to host a cocktail event for clients and colleagues on Thursday 10 March and officially unveil their new office premises at 2 Pybus Road in Sandton. Judge K Satchwell was the guest speaker and addressed those in attendance on...
The Nuclear War
South Africa's ongoing struggle for a reliable energy source: nuclear v renewable energy A month after suspending Peter Becker from the Board of the National Nuclear Regulator (NNR), the Mineral Resources and Energy Minister Gwede Mantashe on Friday 25 February 2022...
The Companies Amendment Bill: A proposed revision of the tool for intra-company financial assistance under Section 45 of the Companies Act
Section 45 of the Companies Act 71 of 2008 ("the Act") is headed "Loans or Other Financial Assistance to Directors". Despite the misleading heading of this section, it creates not only a mechanism for the provision of financial assistance by a company to a director...
Prohibited mergers and acquisitions: what do the competition authorities consider?
The Competition Commission (“the Commission”) has recently prohibited the acquisition of Sasol’s sodium cyanide business by Draslovka South Africa (Pty) Limited (“Draslovka South Africa”), a subsidiary of the Czech Draslovka Holding a.s. It was intended that Draslovka...