Demanding security for costs against Close Corporations (in liquidation): A delicate balancing act
With the enactment of the Companies Act (71 of 2008) (“Companies Act”), the registration of close corporations under the Close Corporations Act (69 of 1984) (“Close Corporations Act”) became a thing of the past. Whilst the registration of these entities has been done away with, close corporations registered prior to the enactment of the Companies Act are still […]
Are we heading towards an uninsurable market? Impact of the LA wildfires on the insurance industry
Recent news headlines have been consumed by the series of wildfires devastating Los Angeles, particularly the affluent areas of Pacific Palisades, Eaton, Hurst, Lidia, and Sunset. In addition to claiming a number of celebrity homes, the fires have caused widespread devastation to over 40,000 acres of land, as well as resulted in the loss of […]
ACCOUNTABILITY AT LAST
In a refreshing turn of events, the Supreme Court of Appeal has upheld a ruling that holds municipal officials personally responsible for unlawful tender awards, offering a new level of accountability. The court reports are replete with cases involving unlawful tender awards and concomitant irregular expenditure on the part of government entities. Whilst not often […]
YOUR CONTRACT WITH GOVERNMENT WASN’T BUDGETED FOR, NOW WHAT?
A recent SCA ruling confirms that contractors who enter government contracts exceeding budgeted amounts are still entitled to payment for work done, even if the contract is deemed invalid. On 27 December 2024, the Supreme Court of Appeal (the SCA) handed down a decision in Zeal Health Innovations (Pty) Ltd v Minister of Defence and […]
BEE conflicts of interest: director’s conduct and the Dimension Data case
The judgment handed down by Judge J Fisher on 25 November 2024 contains all of the drama associated with high stake commercial restructuring. Dimension Data is a household name in South Africa and the case involves its six founders, led by Jeremy Ord (Ord). In 2010, Dimension Data was acquired from the founders by Nippon […]
The South African legal system has always favoured corrective action to address a liquidation order: WH Civil Engineering (PTY) LTD vs Vander Diamonds (PTY) LTD
Over the past year, various courts have dealt with liquidation cases where a company requests a liquidation order against another under the guise of recovering a debt that is owed. This is not a valid reason for granting a liquidation order on its own and is often scrutinised heavily by courts during the application process. […]
Legal Duties and Lessons from Business Email Compromise Scams
Cybercrime is increasing rapidly, with Interpol reporting that almost every single scam or fraud currently being perpetrated across Africa has a related cyber crime element. According to the 2024 edition of the Interpol Africa Cyberthreat Assessment Report, phishing emails were identified as the most common attack vector for business email compromise scams in nearly 80% […]
Cybercrime on the Rise: Insights and Progress in Africa’s Fight Against Digital Threats
In the 2022 version of the Interpol Africa Cyberthreat Assessment Report, Interpol pointed out that South Africa was the third most attacked country in the world and experienced the most cyberattacks on the African continent. In its 2024 report, Interpol pointed out that the African cyber threat landscape 2023 remained highly dynamic, with attacks evolving […]
Are Municipal officials personally liable for unauthorised or irregular expenditure?
The Supreme Court of Appeal recently had to consider this question and the provisions of Section 32 of the Municipal Finance Management Act (MFMA) and the provisions of Section 172(1) of the Constitution in a judgment delivered on 8 November 2024 in Mbambisa and Others v Nelson Mandela Bay Metropolitan Municipality [2024] ZASCA 151 (8 November 2024). […]
Can a state entity avoid paying a contractor where their appointment is challenged?
Increasingly, municipalities and state-owned entities are seeking to set aside contracts that are concluded following an irregular tender process. The question often then arises as to whether the contractor is still entitled to payment for services rendered in terms of the unlawful contract. The Constitutional Court recently had to consider this question in a judgment […]