Companies Act – Access to Company Information
The right to information that is held by another person1 and that is required for the exercise or protection of any rights is a right that is enshrined in the Bill of Rights2. The Companies Act No. 71 of 2008 (the Act) contains provisions which aim to further this constitutional right and to promote transparency, […]
Ambit of Arbitrator’s Jurisdiction
Introduction What disputes is an arbitrator entitled to deal with in an arbitration? Defendants often challenge the arbitrator's jurisdiction or power to deal with disputes and claims raised by a claimant on the grounds that the disputes fall outside the scope of the dispute originally declared by the claimant at the inception of the arbitration. […]
Loss of Documents in the Master’s Office
In an advanced economy proof of ownership of most assets is recorded in a document. The safekeeping of that document is vital to the owner of the asset. For example, title deeds to land are registered in the Deeds Office. Deeds Office records provide proof of ownership. As a precaution against the loss of documents, […]
The Corporate Leniency Policy: Is it Legal?
What is it? In 2004 the Competition Commission ("the Commission") introduced a corporate leniency policy ("CLP") relating to cartel activity. In terms of this policy leniency can be sought in respect of activities described in section 4(1)(b) of the Competition Act ("the Act"), namely: price fixing market allocation collusive tendering1 An applicant for […]
Electric Fence System Certificates of Compliance
This circular is intended to bring to your attention the latest developments in terms of the Occupational Health and Safety Act, Act No. 85 of 1993, as applicable to the change of ownership of immovable property. Regulation 12 of the Electrical Machinery Regulations imposes an obligation on the user of an electric fence system […]
JBCC Principal Building Agreement – Clause 29 Extension of Time Claims
NV PROPERTIES (PTY) LIMITED VS RADON PROJECTS (PTY) LIMITED The Grahamstown High Court delivered a judgment on 17 May 2012 which serves as a reminder that our Courts are strict in requiring claims procedures set out in building contracts to be followed. FACTS OF THE CASE Radon Projects ("the contractor") was employed by N V […]
Sectional Title Arbitrations
Introduction In June this year the Supreme Court of Appeal1 ("SCA") delivered a judgment which clarified the legal basis for sectional title disputes to be decided by arbitration. The fundamental question in the case was whether the arbitration regime provided for in the standard Management Rules promulgated under the Sectional Titles Act, 95 of 1986 […]
Companies Act – Public Interest Score
The Companies Act No. 71 of 2008 (New Companies Act) commenced on 1 May 2011, and introduced the concept of the public interest score of a company. This is an important new development, as it will be crucial in determining the financial reporting standards that the company must adopt (these provisions apply equally to close […]
Companies Act – Composing the Board of Directors
This is the first of a series of short circulars which will highlight practical issues arising when applying and working with the Companies Act No. 71 of 2008 (“Companies Act”). The focus of this circular is on “how to” lawfully appoint the members of the board of a private company or a public company with […]
Introducing New Additions to Cox Yeats’ Insolvency Team
The Cox Yeats Insolvency Team Introducing new additions to our Insolvency Team….. Cox Yeats is pleased to advise that Callyn Wilkinson has recently joined the firm as a partner in the insolvency team. Callyn obtained her LL.B from the University of KwaZuluNatal in 2005. After travelling in the United Kingdom, she completed her […]