Acts & Regulations
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| 17/02/2012 |
 In the matter of Klass vs Contract Interiors CC (in liquidation) and Others the Johannesburg High Court recently listed the principles to be considered when application is made to set aside the winding-up of a Close Corporation (CC). The facts of the matter which led to the CC being wound-up are not relevant, suffice to state that in the course of the winding-up of the CC all creditors of the CC (including the South African Revenue Service) and the members were paid and the liquidator supported the application. |
| 21/12/2010 |
 The above question was raised in the matter of Blakes Maphanga Incorporated vs Outsurance Insurance Company Limited, a matter which was heard in the Supreme Court of Appeal (SCA). The facts of the matter were briefly that the Appellant (“Blakes”) was a firm of attorneys and the Respondent (“Outsurance”) a client who had instructed the firm to represent it in close to 400 litigious matters. |
| 21/12/2010 |
 In the matter of Lombaard vs Droprop CC and Others, the Supreme Court of Appeal (SCA) was called on to adjudicate on the validity of an agreement of sale concluded when an option was exercised. Briefly, the purchaser applied for an order compelling the sellers to transfer certain immovable property to him. The purchaser alleged that an agreement of sale had come into being pursuant to the exercise of an option to purchase, contained in an agreement of lease between him (as the lessee) and the seller (as the lessor). |
| 21/12/2010 |
 There have been few legislative provisions which have resulted in so much litigation as the provision contained in Section 2(1) of the Alienation of Land Act. Briefly, this provision provides that no sale of land will be of any force or effect unless it is contained in a Deed of Sale signed by the parties thereto or their agents acting on their written authority. |
| 19/10/2010 |
 Owners of rental properties will be pleased to take note of the hard-hitting comments made by a judge of the South Gauteng High Court in a recent matter involving an application for the eviction of illegal tenants from a building in Johannesburg. In his judgment, Willis J mentioned obiter that there is effectively only one legal remedy for the unlawful occupation of immovable property, namely an eviction order. |
| 19/10/2010 |
 As long ago as 1964 the Supreme Court of Appeal laid down a principle which has consistently been applied in our law of contract. The so-called Shifren principle provides that a contractual non-variation clause is valid and effectively entrenches both itself and all other terms of the contract against an oral variation thereof. Simply put, where such a non-variation clause appears in a contract, no variation or amendment thereof will be valid or binding between the parties unless they have reduced such variation or amendment to writing. In most instances, non-variation clauses also require that the variation/amendment so reduced to writing must be signed by both parties and/or their representatives. |
| 19/10/2010 | Posted in: All Contractual Matters and Commercial Law |
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| 4/10/2010 |
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Cyrillic domain names now available in the Russian Federation |
| 4/10/2010 |
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| 4/10/2010 |
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| 4/10/2010 |
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| 4/10/2010 |
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Claims of competition law inadequacy |
| 30/09/2010 |
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| 30/09/2010 |
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| 30/09/2010 |
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The firm practises directly in several Southern African countries and through long-established associates in others.
