What shareholders and directors need to know - piercing the corporate veil by Makhokha Makhokha (Associate Designate) and Tshepang Mokobane (Candidate Attorney) As controllers of the company, it is important for shareholders and directors to be aware of the common law principle of piercing the corporate veil. It cannot be...
Notarial Bonds: What you need to know The difference between Special and General Notarial Bonds by Mbali Molaoa Registering a bond as form of securing a loan is not only limited to immovable property but can also be registered over movable property. This is done by means of...
A directors' resolution allows the directors to make a decision without a formal board meeting - given all the directors agree and sign-off on said decision. In the following matter, Peter Tshisevhe & Matodzi Ratshimbilani worked together to not only win the case but set...
Are you a Tender Specialist/Procurement Consultant? We need you on our team. Job Overview: The role is on a part-time consultant basis and requires the individual to work at least 2 times a week which can be extended up to 4 days a week depending on the...
Non-compliance with Rule 41A and the Mediation process by Vhuhwavho Nemuramba & Zusiphe Mgudlwa Mediation has long been recognised by the Courts in South Africa as an alternative form of dispute resolution. However, for the first time, this typically voluntary process has become mandatory, codified by the amendment...
by Matodzi Ratshimbilani In the face of widespread malfeasance, barefaced disregard of the law governing both private and state-owned companies, the debate on the role and liabilities of directors has dominated public discourse in the recent past. The focus on the role of directors is justified...
The Supreme Court of Appeal of South Africa (the “SCA”) recently made a ruling in Raubex Construction v Bryte Insurance Company. Raubex Construction (the “Appellant”) was a beneficiary of a retention money guarantee (the “Guarantee”) issued by Bryte Insurance Company (the “Respondent”) pursuant to the terms...
The recent flood of reaction pursuing the judgement in favour of Lerato Sengadi, when she sought to be recognised as the rightful wife of Jabulani “HHP” Tsambo in terms of customary law, is proof of the uncertainty which still exists in understanding the effects of...
by Matodzi Ratshimbilani As KPMG recycles faces to lead this once reputable audit firm and issues endless apologies for its role in the state capture project, another big five audit firm, Deloitte, has to defend itself as some of its partners appear before its professional watchdog,...
The feasibility phase of a public private partnership (“PPP”) is arguably the most important phase. In terms of regulation 16.4.1 of Treasury Regulation 16 to the Public Finance Management Act, 1999 (“TR16”), a feasibility study must be undertaken by the accounting officer or accounting authority...