Arbitration Folly
Introduction At the beginning of last year the Supreme Court of Appeal (SCA) was called upon to decide whether the decision of an arbitration appeal tribunal should be reviewed and set aside.1 The Facts In 2003 Gutsche Family Investments (Pty) Ltd and the other shareholder ("the Sellers") in Formex Industries (Pty) Ltd ("the Company") sold […]
Land Reform – Significant Developments
The Government is embarking on significant new initiatives to advance land reform. This includes the new Expropriation Bill which was released for public comment at the end of March, the Restitution of Land Rights Amendment Bill which was released for comment on 23 May 2013 and a new Land Tenure Bill which is currently being […]
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 […]