CONUNDRUM OF THE STATUS OF A COMPANYYS PROPERTY SOLD IN EXECUTION BEFORE LIQUIDATION BY ISAAC NSIZWANE
The law can get tricky when a company subject to liquidation proceedings has sold an immovable asset. In Legh v Nungu Trading 353 (Pty) Ltd and another 2008 (2) SA 1, a shareholder of a company instituted urgent liquidation proceedings in the Witwatersrand Local Division on the basis that the company was unable to pay its debts.
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23 October 2008
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THE LEGAL STANDING OF TRUSTS BY FATIMA BHAM
When litigating, it is always important to correctly cite the parties in the proceedings. It is important to remember that in order to litigate against an entity, it must have legal standing (locus standi). One entity that does not possess legal standing is a trust. Trusts do not have juristic personality and therefore, unless a statute confers juristic personality on a specific trust, it cannot sue or be sued.
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22 October 2008
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WHEN WHAT YOU SAY IS EMBARRASSING: A LESSON FROM LUKE WATSON BY KEVIN ILES
Is a recording, in todayys age of cellphone voice recorders and voice recording pens, legal?
The secret tape recording of comments by Luke Watson on the Springbok rugby jersey has set off a storm of emotion and debate. Much of the media attention has been focused on what Watson did or didnnt say and whether or not he should have said it.
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22 October 2008
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PRIVILEGE YOU CAN COUNT ON IN THE WORLD OF FORENSICS BY JODI NEU-NER
In CCII Systems (Pty) Ltd v Fakie and Others NNO 2003 (2) SA 325 (T), the court ordered the Auditor-General to surrender arms deal investigation documents to an unsuccessful tender applicant. In this case, the Promotion of Access to Information Act 2 of 2000 facilitated the seizure of thousands of confidential documents. Such a result would not be reassuring to the institution that wishes to mitigate the risk of disclosure of private information.
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22 October 2008
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SECURITY FOR COSTS BY EMMA CHARTER
Security for costs may be requested should there be apprehension over the opposing partyys inability to bear the costs of litigation in the event of an adverse cost order being granted.
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30 September 2008
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COMMERCIAL MEDIATION IN SOUTH AFRICA BY RONAN FEEHILY AND JOHN BRAND
Mediation is not a recent development in South Africa. It was used as the primary method of dispute resolution in some traditional pre-industrial societies, and more recently in resolving industrial conflicts and a range of disputes in other fields.
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23 September 2008
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MONEY IN AN ATTORNEY'S TRUST ACCOUNT ACTUALLY CAN PRESCRIBE BY ATHOL GORDON
I had always understood that monies retained in trust by an attorney in his or her trust account on behalf of a client were sacrosanct.
I have since discovered that this may, in fact, not be so.
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01 September 2008
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SECTION 34 OF THE PREVENTION AND COMBATING OF CORRUPT ACTIVITIES 12 OF 2004 BY LUZUKO TSHINGANE
Most people from various organisations and members of general public in various parts of South Africa have through seminars held by the White Collar Crime Team, become familiar with the contents and provisions of section 34 of PACCA. However, for the purposes of this article and in an endeavour to alert the persons in positions of authority of the duty imposed on them by the law, it is therefore, worth mentioning once more the contents of this section.
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01 September 2008
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PLACES OF INTEREST BY ANNETTE THOMPSON
On taking up articles I have been called on, often, to serve and file documents in many and varied corners of the greater Johannesburg area, and as any good clerk does, I have sought out ever more obscure routes to dodge traffic. On many of these trips, and recently returned from my first trip through historic Europe, I have found myself admiring our own architecture.
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10 July 2008
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THE RIGHT TO ADEQUATE HOUSING VS EXECUTION AGAINST IMMOVABLE PROPERTY: THE CONSTITUTIONAL PERSPECTIVE BY SALLY D'ARCY DONNELLY
Every person has the right of access to adequate housing. It is the duty of the State to take reasonable legislative and other measures to achieve the progressive realisation of this right. This is according to Section 26 of the Constitution.
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26 June 2008
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