Generated by All in One SEO v5.0.1.1, this is an llms.txt file, used by LLMs to index the site. # CoxYeats Cox Yeats is a dynamic law firm with a national footprint and offices in Durban, Johannesburg & Cape Town. ## Sitemaps - [XML Sitemap](https://coxyeats.co.za/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Latest News](https://coxyeats.co.za/news-and-insights/latest-news/) - [Women’s Month Donation Drive: A Small Act of Giving, A Lasting Impact](https://coxyeats.co.za/2026/09/14/womens-month-donation-drive-a-small-act-of-giving-a-lasting-impact/) - On 11 September 2026, members of the Cox Yeats Johannesburg team had the privilege of visiting the Frida Hartley Shelter for Women and Children to hand over donations collected as part of our Women’s Month Donation Drive. What began as a call to our colleagues to donate essential items became something much more meaningful. The - [Cox Yeats Clinches Prestigious Pan-African Award](https://coxyeats.co.za/2026/09/11/cox-yeats-clinches-prestigious-pan-african-award/) - African Legal Awards winner for Restructuring Team of the Year demonstrates Cox Yeats’ BRI team's strength, depth and commercial focus, with a clear focus on delivering practical outcomes. - [Cox Yeats Announces Promotion of Four Senior Associates](https://coxyeats.co.za/2026/03/02/cox-yeats-announces-promotion-of-four-senior-associates/) - Cox Yeats is pleased to announce the promotion of Jennifer Smit, Micaela Brown, Ross Booth and Harshita Kapoor to the position of Senior Associate, effective 1 March 2026. These promotions reflect sustained performance, technical strength and the increasing responsibility each has assumed within their respective practice areas. They also underscore the firm’s continued investment in - [Cox Yeats Maintains Strong Position in Legal 500 EMEA 2026 Rankings](https://coxyeats.co.za/2026/03/25/cox-yeats-maintains-strong-position-in-legal-500-emea-2026-rankings/) - Cox Yeats has once again been recognised in the Legal 500 Europe, Middle East & Africa 2026 edition, reaffirming its position as a leading South African law firm in key sectors and highlighting the continued strength of its specialist teams. The firm achieved four rankings overall, including two firm rankings and two individual recognitions, reflecting - [Cox Yeats Shortlisted in Three Categories at the 2026 African Legal Awards](https://coxyeats.co.za/2026/07/09/cox-yeats-shortlisted-in-three-categories-at-the-2026-african-legal-awards/) - Cox Yeats is proud to announce that the firm has been shortlisted in three categories at the 2026 African Legal Awards, one of the continent's leading legal awards programmes recognising excellence across the African legal profession. The Cox Yeats shortlisted categories are: Litigation & Dispute Resolution Team of the Year Restructuring Team of the Year - [Gary Pritchard recognised for mediation expertise with Court-Annexed accreditation](https://coxyeats.co.za/2026/03/30/gary-pritchard-recognised-for-mediation-expertise-with-court-annexed-accreditation/) - Cox Yeats is pleased to congratulate Gary Pritchard on his certification as a qualified mediator and his inclusion on the panel of Court-Annexed Mediators. Following completion of an accredited mediation programme presented by the Association of Arbitrators (Southern Africa) NPC in partnership with The Society of Mediators, Gary is now recognised under the Gauteng High - [A Body Corporate Cannot Take The Law Into Its Own Hands](https://coxyeats.co.za/2012/12/18/a-body-corporate-cannot-take-the-law-into-its-own-hands/) - Bodies Corporate often encounter difficulty in recovering unpaid levies. - [Admiralty Jurisdiction In International Waters](https://coxyeats.co.za/2013/03/01/admiralty-jurisdiction-in-international-waters/) - If a maritime claim arises, the parties will have to elect in which jurisdiction their claim is to be legally enforced and ultimately determined. This is an important choice to make as it may impact on the prospects of making a financial recovery, the defences available to the carrier and the costs of the proceedings. - [New Expropriation Bill Lays Ground For True Reform](https://coxyeats.co.za/2013/05/29/new-expropriation-bill-lays-ground-for-true-reform/) - The new Expropriation Bill was released for public comment at the end of March. It comes after a number of earlier bills that have been prepared by the Department of Public Works, the last of which was introduced in the National Assembly in mid-2008 and subsequently withdrawn. The old bill was unconstitutional because it attempted - [Subcontractors Have Remedies Over A Site](https://coxyeats.co.za/2013/06/26/subcontractors-have-remedies-over-a-site/) - What happens when a main contractor enters into business rescue proceedings or liquidation and a subcontractor finds itself not being paid despite having carried out work? The Johannesburg Hight Court followed by the Supreme Court of Appeal had to deal with the issue a little while back. Buzzard Electrical had carried out work for a - [Voetstoots Clauses](https://coxyeats.co.za/2013/07/10/voetstoots-clauses/) - Defects in a property are often the cause of disputes between buyers and sellers of properties. In the absence of a voetstoots clause in a Sale Agreement, the seller is liable for all latent defects in a property, which result in the buyer not being able to use the property for the purpose it was - [Maritime Piracy And The Law](https://coxyeats.co.za/2013/07/31/maritime-piracy-and-the-law/) - One of the difficulties that has arisen in regard to maritime piracy relates to the question of which court has jurisdiction to try suspected pirates once they have been captured on the high seas. The UN Convention on the Law of the Sea (UNCLOS) defines piracy, inter alia, as follows: "Any legal acts of violence - [Persuading colluders to break ranks](https://coxyeats.co.za/2013/08/28/persuading-colluders-to-break-ranks/) - Much has been said and written about infringements of competition law by construction companies recently. The high-profile publicity is the culmination of a lengthy process that commenced in 2004 when the competition aithorities introduced a corporate leniency policy relating to cartel activity. Included within the ambit of cartel activity is collusive tendering. The most comming - [Registration does not guarantee ownership](https://coxyeats.co.za/2014/03/01/registration-does-not-guarantee-ownership/) - Most people are of the view that once a transfer is registered in the Deeds Office, they are guaranteed ownership of the property. South Africa has an abstract system of transfer of immovable property rather than a causal system. In a causal system, there has to be a valid underlying cause giving rise to the - [The ins and outs of insuring cargo](https://coxyeats.co.za/2014/05/28/the-ins-and-outs-of-insuring-cargo/) - SINCE the answer is obvious, there is one question that need not be asked by anyone in the business of importing or exporting goods or arranging their carriage over land or by sea or air: Cargo must be insured. Having said this, I do, from time to time, come across instances where goods are not - [A Waka-Success for Cox Yeats](https://coxyeats.co.za/2014/06/01/a-waka-success-for-cox-yeats/) - [Legalese makes way for simple easy to understand contracts](https://coxyeats.co.za/2014/06/25/legalese-makes-way-for-simple-easy-to-understand-contracts/) - [How to challenge that tender awarded to a third party](https://coxyeats.co.za/2014/08/27/how-to-challenge-that-tender-awarded-to-a-third-party/) - Government entities are on a tender binge at the moment. With fresh budfets and post-electoral hype filling the corridors of the organs of state that run our country, there are an unusually high numbers of tenders being advertised and awarded. If one simply looks at any Sunday newspaper it almost seems as if government tenders - [Co-Ownership Agreements Save Pain](https://coxyeats.co.za/2014/09/24/co-ownership-agreements-save-pain/) - If you are considering buying a property with someone other than a spouse, it is advisable to enter a co-ownership agreement. A co-ownership agreement should deal with issues such as the sale of the property, resolution of disputes and maintenance. The danger of not entering into a co-ownership was highlighted in Claassen v Quenstedt and - [Take note of provisions for debt recovery during business rescue](https://coxyeats.co.za/2014/10/29/take-note-of-provisions-for-debt-recovery-during-business-rescue/) - When providing finance or granting credit facilities, most creditors insist on suretyships as peace of mind that their debt is secure. This may not be the case in the event of the debtor company being placed in business rescue. In broad terms a surety can be described as a party binding itself in favour of - [A Memorable Year on Brettenwood Coastal Estate](https://coxyeats.co.za/2014/11/01/a-memorable-year-on-brettenwood-coastal-estate/) - Brettenwood Coastal Estate was established in 2004, during the boom times of the property market in South Africa. The Estate endured the slump in the property market from 2009 onwards. The past few years have seen the introduction of the dynamic and energetic Home & Country Property sales team and, with a slight upswing in - [When minority shareholders are protected](https://coxyeats.co.za/2015/01/28/when-minority-shareholders-are-protected/) - The Companies Act provides minority shareholders with a right to apply to court for relief against conduct that is "oppressive, or unfairly prejudicial to, or unfairly disregards the interests" of the shareholders concerned. In a recent decision of the Supreme Court of Appeal (SCA), the court provided guidance on the application of this remedy. It - [Court ruling supports home association rights](https://coxyeats.co.za/2015/02/25/court-ruling-supports-home-association-rights/) - Although the function and purpose of homeowners' associations are indistinguishable from those provided by municipalities and body corporates, their rights to veto the sale of property in the event of outstanding levies have not always been recognised when a member has been placed in liquidation or sequestration. The effect of sequestration or liquidation is to - [The cost of property ownership](https://coxyeats.co.za/2015/03/31/the-cost-of-property-ownership/) - Acquiring a property gives rise to a number of costs. These include, amongst others, transfer duty or value added tax payable to the South African Revenue Services, conveyancing fees payable to the transferring attorneys, deeds office registration fees payable to the deeds office, advance payments of rates due to the municipality and levies due to - [Suretyships by spouses married in community of property](https://coxyeats.co.za/2015/05/13/suretyships-by-spouses-married-in-community-of-property/) - In terms of Section 15 (1) of the Matrimonal Property Act 88 of 1984 ("the MPA"), both spouses have equal powers to deal with the assets of the joint estate, without the consent of the other spouse. This power is limited in terms of sections 15(2) and 15(3) of the MPA. It is a requirement - [Private companies and takeover regulations](https://coxyeats.co.za/2015/05/27/private-companies-and-takeover-regulations/) - The 2008 Companies Act created the Takeover Regulation Panel to regulate certain transactions affecting companies. The main purpose of the Panel is to look after the interests of minority shareholders by ensuring that certain information is available to shareholders whenever a company takeover occurs. With this information,shareholders can fully consider their position and make an - [Cancellation of abandoned servitudes](https://coxyeats.co.za/2015/07/23/cancellation-of-abandoned-servitudes/) - It is not uncommon for a property to be subject to a servitude in favour of a neighbouring property. A servitude can take a number of forms, amongst others, a right of way servitude giving the holder of the servitude the right to cross the other property or a pipeline servitude giving the holder of - [Ask for a deposit and include a penalty clause](https://coxyeats.co.za/2015/07/29/ask-for-a-deposit-and-include-a-penalty-clause/) - If you have just sold your home and put in an offer for your dream home, what would happen if the purchaser of your existing home did not follow through with the sale? Revovering your lossed where you have cancelled the sale due to the purchaser's breach cab be a costly and time consuming exercise. - [Expropriation – What’s fair compensation?](https://coxyeats.co.za/2015/09/20/expropriation-whats-fair-compensation/) - The state has indicated it now intends to use statutory mechanisms to achieve land reform. Currently before Parliament are the Expropriation Bill and the Promotion and Protection of Investment Bill. The state has also published a draft bill on the Preservation and Development of Agricultural Land. These bills are likely to be used by the - [Amendments to tackle late payments by employers](https://coxyeats.co.za/2015/09/30/amendments-to-tackle-late-payments-by-employers/) - The proposed amendments to the Regulations of the Construction Industry Development Board Act should have significant consequences for the construction sector. One of the stated aims of the regulations is to deal with late payment by employers resulting in the potential for contractors and subcontractors to "fund" the employer's contruction project. Main contractors usually insert - [Host of legal requirements when selling goods online](https://coxyeats.co.za/2015/10/18/host-of-legal-requirements-when-selling-goods-online/) - There has been a steady move to market goods and services online. Befire establishing an online presence, retailers should consider the laws regulating electronic transactions, consumer rights and data pretection to ensure that they are not exposed to unnecessary risks. Three key pieces of legislation that regulate online sales are the Electronic Communications and Transactions - [Promoting good governance of community schemes](https://coxyeats.co.za/2015/10/28/promoting-good-governance-of-community-schemes/) - The Community Schemes Ombud Service Act, 9 of 2011 was passed by Parliament in 2011. It will come into force on a date to be determined by the President once the Regulations have been published. The Act will potentially bring about a change in the manner in which community schemes are managed in South Africa. - [Be aware of the red tape that can cause costly delays](https://coxyeats.co.za/2015/11/01/be-aware-of-the-red-tape-that-can-cause-costly-delays/) - To provide jobs for the unemployed, the economy needs to grow. Investment in the construction, mining or agricultural sectors could provide a boost and attract much-needed foreign investment. - [Ensure the way you set up a firm serves your interests](https://coxyeats.co.za/2015/11/22/ensure-the-way-you-set-up-a-firm-serves-your-interests/) - Establishing a private Ecompany in South Africa has never been easier, what with an entire industry committed to new company registrations. - [Can the state invoke a defence of No Budget No Pay](https://coxyeats.co.za/2015/11/25/can-the-state-invoke-a-defence-of-no-budget-no-pay/) - Can the state Invoke a defence of "No Bud­get No Pay" to a service provider's claim? A recent Supreme Court of Appeal (SCA) decision addressed this question. - [The Mining Charter and BEE – step-by-step process](https://coxyeats.co.za/2015/12/09/the-mining-charter-and-bee-step-by-step-process/) - The Mining Charter, published in August 2014, required all mining companies to achieve 26% black ownership within 10 years. - [Share restructure adds new dimension to business growth](https://coxyeats.co.za/2015/12/13/share-restructure-adds-new-dimension-to-business-growth/) - A share restructure usually requires approval &om 75 percent of its shareholders. - [Prescribed PMBs and medical savings accou](https://coxyeats.co.za/2016/02/01/prescribed-pmbs-and-medical-savings-accou/) - The interpretation of prescribed minimum benefit (PMB) regulations, which the Council for Medical Schemes (the Council) has adopted has been, and still is, the subject of much debate. This has predominantly involved Regulations 8(1) and 8(2) relating to the “pay in full” and “designated service provider” provisions. Regulation 10(6) is, however, also relevant, perhaps more - [Encroachers beware, ownership rights are still sacrosanct](https://coxyeats.co.za/2016/02/14/encroachers-beware-ownership-rights-are-still-sacrosanct/) - A land owner has the right to the full use and enjoyment of his property without disturbance caused by any permanent physical intrusion or encroachment onto the property. There has been contention in our law on what the appropriate remedy is for an owner whose property is encroached upon, for instance, by his neighbour’s building - [Security arrest of a vessel](https://coxyeats.co.za/2016/03/01/security-arrest-of-a-vessel/) - South Africa is one of few jurisdictions that empowers its courts exercising admiralty jurisdiction to order the arrest a vessel for the sole purpose of obtaining security for a maritime claim instituted, or to be instituted, in a foreign jurisdiction, where both the Plaintiff and Defendant are foreigners (peregrini) of South Africa. Section 5(3) of - [Owners in rough terrain over land compensation](https://coxyeats.co.za/2016/03/27/owners-in-rough-terrain-over-land-compensation/) - Is South Africa heading towards expropriation without compensation? The constitution provides landowners with protection from being arbitrarily deprived of propertywhich may only be expropriated subject to the landowner being compensated. With the promulgation of the Expropriation Bill and the Preservation and Development of Agricultural Land Framework Bill on the horizon, it appears as if the - [Enforcement of Maritime Claims](https://coxyeats.co.za/2016/03/30/enforcement-of-maritime-claims/) - South Africa remains an attractive jurisdiction within which to enforce civil maritime claims. Ships may be arrested in respect of claims to be pursued in South Africa or elsewhere for the likes of damage to cargo, unpaid crew wages and ship mortgage debts. In addition, it is possible to arrest what is referred to as - [Property law firms merge](https://coxyeats.co.za/2016/06/15/property-law-firms-merge/) - Durban legal firm Cox Yeats has announced a merger with Halstead Paola, a specialist property law firm, resulting in the establishment of one of the largest and most experienced property law departments in KwaZulu-Natal. Started in 1964, Cox Yeats provides legal solutions across a wide range of industry areas and disciplines including commercial, construction, property, - [A new year and a fresh start to corporate governance](https://coxyeats.co.za/2016/12/11/a-new-year-and-a-fresh-start-to-corporate-governance/) - On November 1 the King Committee and the Institute of Directors in Southern Africa published the King IV Report on Corporate Governance for South Africa (“King IV”). King IV was developed in response to international and local developments in corporate governance since 2009 when King III, its predecessor, was published. King IV replaces the King III - [Corporate, Commercial & Natural Resources Team: Reporting BEE Transactions](https://coxyeats.co.za/2017/08/01/corporate-commercial-natural-resources-team-reporting-bee-transactions/) - On 9 June 2017, the Department of Trade & Industry published a notice requiring all parties involved in major B-BBEE transactions to register the transaction with the B-BBEE Commission within 15 days of concluding the transaction. In addition, major B-BBEE transactions concluded between 24 October 2014 and 8 June 2017 must be registered within 60 calendar days counted from 9 June 2017. The notice states - [Maritime Team: Is South Africa prepared to deal with oil spills?](https://coxyeats.co.za/2017/10/01/maritime-team-is-south-africa-prepared-to-deal-with-oil-spills/) - Andrew Clark is a Partner and head of the Maritime Law Team at Cox Yeats Attorneys. His specialist practice areas are maritime law, international trade and insurance, and business law. - [Property Services Team: Regulation of roads in secure estates](https://coxyeats.co.za/2017/12/15/property-services-team-regulation-of-roads-in-secure-estates/) - Over the past couple of decades, the number of secure estates in South Africa, both residential and commercial/ industrial, have increased exponentially. This has been largely driven by security concerns because of the escalating crime rate in the country. Each estate is administered by an owners' association, which is either established as a non-profit company, - [Are we a step closer to becoming a modern family?](https://coxyeats.co.za/2018/02/07/are-we-a-step-closer-to-becoming-a-modern-family/) - ON NOVEMBER 28, 2017, the Labour Laws Amendment Bill was passed by the National Assembly in Parliament. What makes this bill so special? Apart from it being the first private members’ bill to be adopted by the National Assembly, the bill is also considered to be a landmark achievement on three levels, since it seeks to regulate the rights to paternal leave, adoption leave, and surrogacy - [Insolvency & Business Rescue Team: Appointing Business Rescue Practitioners](https://coxyeats.co.za/2018/02/28/insolvency-business-rescue-team-appointing-business-rescue-practitioners/) - Business rescue was introduced in Chapter 6 of the Companies Act 71 of2008 (the Act) as a new corporate rescue mechanism to assist companies in South Africa who find themselves suffering from financial difficulty. Business rescue provides distressed companies with temporary relief to allow for their rehabilitation. The successful rescue of companies is key in South Africa - [No need to change the Constitution for land reform](https://coxyeats.co.za/2018/08/05/no-need-to-change-the-constitution-for-land-reform/) - The parliamentary committee is about to convene to consider whether section 25 of the Constitution should be amended to allow expropriation without compensation. Written submissions have been made and the road shows around the country completed. The core of the debate is whether land reform requires the Constitution to be amended. The Freedom Charter, adopted by the ANC in 1955, called for all land - [Conflicted Directors](https://coxyeats.co.za/2018/09/30/conflicted-directors/) - [Taking the plunge](https://coxyeats.co.za/2018/10/01/taking-the-plunge/) - If you are reading this, it is probably because you have taken the plunge and decided to study law. Whatever your motivation to do so, you are probably well on your way to attaining an LLB degree. The issue that looms in most law students’ minds is what they will do after graduation, and whether practising as an attorney is the best course for them. - [Cryptocurrency needs looking at](https://coxyeats.co.za/2018/11/25/cryptocurrency-needs-looking-at/) - Cryptocurrency has gained significant traction in the past few years and has become a risky, but potentially lucrative, investment or trading option. - [Life Insurance – Disclose the facts or risk repudiation](https://coxyeats.co.za/2018/11/28/life-insurance-disclose-the-facts-or-risk-repudiation/) - The recent repudiation by Momentum of a life insurance policy, based on a non-disclosure by the insured, has emphasised the importance of disclosing all known facts to the insurer prior to the inception of the insurance policy. - [The CIDB Intervenes – New Best Practice Standard For Contractors](https://coxyeats.co.za/2018/12/12/the-cidb-intervenes-new-best-practice-standard-for-contractors/) - The Construction Industry Development Board (CIDB) has implemented a new Standard for Minimum Requirements for engaging Contractors and Subcontractors on Construction Works Contracts (‘the Standard’). The Standard was published in the Government Gazette on 9 November 2018 and is now in effect. The Standard establishes minimum requirements in the appointment of principal contractors and subcontractors on construction works - [Your Debts have an Expiry Date](https://coxyeats.co.za/2018/12/16/your-debts-have-an-expiry-date/) - It’s that time of year again. Businesses close, everyone goes off on holiday, and cheer abounds. While you’re relaxing for the holidays, however, your debtors book keeps ticking towards its sell-by date. Debts are subject to something called “prescription”. Once a debt prescribes, it is extinguished. Most debts, absent something more, prescribe three years after they - [Commissions of Inquiry – a Toothless Hound?](https://coxyeats.co.za/2019/01/30/commissions-of-inquiry-a-toothless-hound/) - Over the past 6 years there have been a multitude of Commissions of Inquiry (‘COI’) convened to inquire into various scandals. COI’s steal the limelight and are almost inescapable in the news. We need to reflect, however, on what purpose a COI serves other than to keep the news interesting. It is, after all, tax payer’s money - [Will the Expropriation Bill be the Death of Development in South Africa?](https://coxyeats.co.za/2019/02/17/will-the-expropriation-bill-be-the-death-of-development-in-south-africa/) - The latest Expropriation Bill, which was published in December 2018 (the Bill), has the potential to bring all development in South Africa to a screeching halt. Expropriation without compensation is a contentious issue in South Africa. Everyone appears to accept that South Africa needs to redress the injustices of the past and to do so, the demographic - [Heads of the Hydra - Putting an end to land invasions](https://coxyeats.co.za/2019/03/06/heads-of-the-hydra-putting-an-end-to-land-invasions/) - Sometimes, people don’t care what the law says. Increasingly, that seems to be the case when it comes to the rights of a landowner. Land invasions are on the rise in KwaZulu-Natal, with no indication that the problem will go away any time soon. In a matter of hours a landowner’s property can be overrun by - [When terms and conditions do not apply](https://coxyeats.co.za/2019/03/12/when-terms-and-conditions-do-not-apply/) - Most businesses have a standard set of terms and conditions (“Ts & Cs”) which regulate the supply of goods and services to customers. Often a supplier provides a customer with a quote incorporating its Ts & Cs. - [B-BBEE Commission](https://coxyeats.co.za/2019/03/31/b-bbee-commission/) - The Broad-Based Black Economic Empowerment Commission (the Commission) was established under section 13B of the Broad Based Black Economic Empowerment Act 53 of 2003, as amended (the B-BBEE Act) with effect from 24 October 2014. The Commission is empowered to investigate any matter concerning broad-based black economic empowerment (B-BBEE) and is required to keep - [No more tax breaks in foreign trusts and companies](https://coxyeats.co.za/2019/05/05/no-more-tax-breaks-in-foreign-trusts-and-companies/) - Previously, individuals who wished to register companies or form trusts outside of South Africa, could easily do so and in most instances may have done so on the prudent advice of their financial advisor. The tax exemptions available to South African residents in receiving foreign dividends or distributions made placing funds in a foreign trust - [Resolving disputes in community schemes](https://coxyeats.co.za/2019/05/13/resolving-disputes-in-community-schemes/) - Many owners of units in community schemes, be they residential estates, sectional title, retirement or shareblock schemes would have noticed a new line-item in their levy statement for the Community Schemes Ombud Service sometimes referred to as, ‘the CSOS’ ( the “Ombud”). - [Proposed Amendments to the Companies Act](https://coxyeats.co.za/2019/06/30/proposed-amendments-to-the-companies-act/) - The Companies Amendment Bill, 2018 (the Bill) was published for public comment on 21 September 2018. Although there is no proposed timeline for the implementation of the Bill, it is important to consider the impact that the proposed amendments will have on corporate governance. The Bill seeks to reduce the amount of red tape - [Construction in the face of business rescue](https://coxyeats.co.za/2019/07/27/construction-in-the-face-of-business-rescue/) - With even the largest construction companies collapsing regularly, many construction sites are coming to a grinding halt. - [Investment Liability - How great is the risk](https://coxyeats.co.za/2019/08/31/investment-liability-how-great-is-the-risk/) - For many years, South African law on the negligence of investment advisors or brokers has been governed by Durr v Absa Bank Ltd and Another and Cooper and Others v Syfrets Trust Ltd . The legislature has since sought to prescribe the proper conduct of financial services providers (“FSPs”), a group which includes investment brokers. - [The Spiders Web - Navigating the M and A Regulatory Framework](https://coxyeats.co.za/2019/09/04/the-spiders-web-navigating-the-m-and-a-regulatory-framework/) - As a commercial attorney who often structures mergers and acquisitions, one becomes all too familiar with the legislative hurdles and red tape that are the hallmark of these transactions. Despite good intentions, the ever-expanding ‘protections’ imposed by Government often prove a hinderance, and serve to discourage otherwise keen businesspeople and entrepreneurs. It is our daily - [Housing Consumer Protection to receive a facelift](https://coxyeats.co.za/2019/09/18/housing-consumer-protection-to-receive-a-facelift/) - The Housing Consumer Protection Bill (the Bill) was published for public comment on 30 August 2019. The Bill will ultimately replace the existing Housing Consumer Protection Measures Act (the Act). - [Married and wanting to change your marital regime](https://coxyeats.co.za/2019/09/25/married-and-wanting-to-change-your-marital-regime/) - In terms of our South African Law, if you do not properly execute an antenuptial contract prior to marriage, then you are automatically deemed to be married in Community of Property (“INCOP”) which is South Africa’s “default” marital regime. - [Conduct of Financial Institutions Bill](https://coxyeats.co.za/2019/10/02/conduct-of-financial-institutions-bill/) - The financial industry is in a state of overhaul due to the phasing in of the “Twin Peaks” regulatory model. This model sees the consolidation of market conduct regulation under one body – the Financial Sector Conduct Authority and the regulation of financial institutions by the Prudential Authority to create a resilient and stable financial system. - [The Construction Mafia](https://coxyeats.co.za/2020/02/26/the-construction-mafia/) - Watch the Carte Blanche clip below, where attorney Peter Barnard was interviewed on the issue of construction mafia. - [Can Covid-19 be used to justify non-performance in terms on a contract](https://coxyeats.co.za/2020/03/25/can-covid-19-be-used-to-justify-non-performance-in-terms-on-a-contract/) - Covid-19 or what is better known as the coronavirus which started in Wuhan, China in December 2019 hit our South African shores in March 2020, with the first confirmed case in KwaZulu-Natal. - [Covid-19 lockdown the impact on construction contract claims](https://coxyeats.co.za/2020/03/27/covid-19-lockdown-the-impact-on-construction-contract-claims/) - The Coronavirus (Covid-19) pandemic has already had extreme impacts across the globe including South Africa. The impending lockdown we all face will result in construction sites being shut down. - [Cargo movement during Covid-19 lockdown](https://coxyeats.co.za/2020/04/06/cargo-movement-during-covid-19-lockdown/) - On Monday 23 March 2020, the President of the Republic of South Africa announced a nation-wide lockdown for 21 days in order to deal with the Covid-19 outbreak in the country. - [Power of Attorney](https://coxyeats.co.za/2020/04/08/power-of-attorney/) - In these difficult times of COVID-19, you might need to prepare for a situation where a loved one or business partner is unable to attend to their own affairs, possibly because they are in quarantine, or have been hospitalised, or are maintaining strict social distancing. - [Construction Contracts - Steps for recovery during and after lockdown](https://coxyeats.co.za/2020/04/22/construction-contracts-steps-for-recovery-during-and-after-lockdown/) - Present indications are that the lockdown may end at the end of April 2020, with a staggered re-integration for construction. - [Claims Conscious Contractors a double-edged sword](https://coxyeats.co.za/2020/09/01/claims-conscious-contractors-a-double-edged-sword/) - This is particularly true in the built environment industry, where a Contractor’s reputation is just as important as his track record. - [Controversial expropriation bill revised - What can we expect](https://coxyeats.co.za/2020/10/14/controversial-expropriation-bill-revised-what-can-we-expect/) - The controversial Expropriation Bill has been extensively opposed since its introduction in 2015. In consequence, it has been subject to various amendments culminating in the Expropriation Bill, 2020 (the Bill). - [Can a restraint of trade clause be enforced during a pandemic?](https://coxyeats.co.za/2020/11/01/can-a-restraint-of-trade-clause-be-enforced-during-a-pandemic/) - Many companies have limped their way through lockdown and have survived by cutting costs, predominantly through retrenching employees, and developing innovative business strategies to align with a changed market. - [Construction Industry Unites to form a National Umbrella Body, CASA](https://coxyeats.co.za/2021/01/21/construction-industry-unites-to-form-a-national-umbrella-body-casa/) - South Africa’s construction industry has united to form an umbrella body, Construction Alliance South Africa (CASA) that is made up of 29 of the sectors’ professional, contractor, supplier and other bodies. The alliance was officially launched on 21 January 2021. - [New Leadership for Cox Yeats](https://coxyeats.co.za/2021/04/01/new-leadership-for-cox-yeats/) - After a decade of steering the firm through a successful period of continuous growth, Michael Jackson has confidently handed over the wheel. - [New Managing Partner for Law Firm](https://coxyeats.co.za/2021/06/01/new-managing-partner-for-law-firm/) - Andrew Clark is the newly appointed managing partner of Cox Yeats Attorneys, based in uMhlanga Ridge, KwaZulu-Natal and which recently opened a Johannesburg branch in Sandton. He is also the head of the maritime, international trade and insurance law team within the firm. - [The Dynamics of Industry Associations and Anti-Competitive Behaviour](https://coxyeats.co.za/2024/06/13/the-dynamics-of-industry-associations-and-anti-competitive-behaviour/) - Industry associations play a vital role in fostering collaboration and innovation, setting industry benchmarks and norms as well as championing the collective, the interests of their members. Yet, within this collaborative spirit lies a potential minefield for members of these associations where their cooperation can cross into anti-competitive territory, raising legal issues. The recent settlement - [Cox Yeats celebrates its first year as a member of TAG Alliances](https://coxyeats.co.za/2024/10/30/cox-yeats-celebrates-its-first-year-as-a-member-of-tag-alliances/) - Cox Yeats recently attended the TAG Alliances Fall Conference in Prague, held from 23–25 October 2024. This momentous event marked the first anniversary of our membership with TAG Alliances, one of the world’s largest multidisciplinary networks of independent professional services firms. Our partners, Gary Pritchard and Gareth Cremen, represented Cox Yeats, connecting with esteemed professionals - [Cox Yeats Honoured in Best Lawyers 2025](https://coxyeats.co.za/2024/11/14/cox-yeats-honoured-in-best-lawyers-2025/) - Cox Yeats is honoured to announce that 18 of our lawyers have been included in the 2025 edition of The Best Lawyers in South Africa™. This prestigious recognition underscores our firm’s dedication to legal excellence, positioning our experts among the most trusted and respected in the industry. For us, this honour reaffirms our commitment to delivering client-centred solutions - [Cox Yeats Celebrated in 2025 Chambers Global Rankings](https://coxyeats.co.za/2025/02/13/cox-yeats-celebrated-in-2025-chambers-global-rankings/) - Cox Yeats is proud to announce its recognition in the prestigious 2025 Chambers Global Rankings, underscoring the firm's commitment to delivering exceptional legal services across various practice areas. Shipping – Band 3 Our vast knowledge of maritime law is demonstrated by our Shipping department's Band 3 ranking. The team is known for its proficiency in - [Cox Yeats Earns Prestigious Recognition in 2025 Legal 500 Rankings](https://coxyeats.co.za/2025/03/28/cox-yeats-earns-prestigious-recognition-in-2025-legal-500-rankings/) - Cox Yeats has once again solidified its position as one of South Africa’s leading law firms with notable rankings in the 2025 edition of Legal 500, a globally respected guide to the legal profession. Shipping & Transport Practice Recognised for Excellence The firm’s Shipping and Transport team has been lauded for its cohesive and highly - [Daybreak Foods had no other option but to file for business rescue](https://coxyeats.co.za/2025/07/21/daybreak-foods-had-no-other-option-but-to-file-for-business-rescue/) - “Not every company is a candidate for business rescue, but in the case of Daybreak Foods, there was no alternative,” says Gareth, Business Rescue & Restructuring Partner. In this interview, Gareth unpacks the legal, operational, and human impact behind the high-profile business rescue of Daybreak Foods, from preserving jobs to securing R1.7 billion in funding - [How Restructuring Prevents Business Collapse - Gareth Cremen](https://coxyeats.co.za/2025/07/24/how-restructuring-prevents-business-collapse-gareth-cremen/) - What are the early signs of business distress? Why do some companies collapse while others recover? In this insightful interview, Gareth Cremen breaks down: · The warning signs business owners often ignore · The three paths available: liquidation, business rescue, or informal workouts · Why South Africa leads Africa in business rescue legislation and how others like Zimbabwe - [Cox Yeats advises the consortium of Vulindlela Holdings, Lehumo Kwikspace SPV and Kwikspace Management on their acquisition of Kwikspace Modular](https://coxyeats.co.za/2025/07/24/cox-yeats-advises-the-consortium-of-vulindlela-holdings-lehumo-kwikspace-spv-and-kwikspace-management-on-their-acquisition-of-kwikspace-modular/) - Cox Yeats is proud to have advised the consortium on their acquisition of Kwikspace Modular Buildings, a B-BBEE Level 1 company and leading manufacturer and supplier of prefabricated and modular buildings in Africa, which are sold as a mobile product, in kit format, or as a rental. With a legacy spanning over 50 years, Kwikspace - [Business Rescue in South Africa: Insights from Gareth Cremen](https://coxyeats.co.za/2025/08/20/business-rescue-in-south-africa-insights-from-gareth-cremen/) - Business rescue in South Africa has evolved from a “last resort before liquidation” into a vital mechanism for companies facing financial distress. In this interview, Gareth Cremen, Partner at Cox Yeats Attorneys, shares practical insights on: How the Companies Act reshaped the landscape Lessons from high-profile cases such as Edcon, Comair, and Mango Airlines Red - [Breaking Barriers in Business Rescue: A Conversation with Zethu Ntanzi](https://coxyeats.co.za/2025/08/20/breaking-barriers-in-business-rescue-a-conversation-with-zethu-ntanzi/) - At Cox Yeats, we take pride in celebrating the women who are shaping industries, challenging norms, and creating space for the next generation of leaders. This Women’s Month, we highlight the inspiring journey of Zethu Ntanzi, a senior associate in our Johannesburg Business Rescue, Restructuring, and Insolvency team, who recently featured on the Voice of - [Cybercrime: South Africa’s silent business killer](https://coxyeats.co.za/2025/10/16/cybercrime-south-africas-silent-business-killer/) - South African businesses are operating in one of the most dangerous digital landscapes in the world. Cybercrime is no longer an emerging risk—it is the number one threat facing companies in South Africa, across Africa, and globally. The 2025 Allianz Risk Barometer ranks cyber incidents, including ransomware, data breaches, and IT disruptions, as the leading - [From compliance to cooperation - What the GCC 2025 means for contractors and employers](https://coxyeats.co.za/2025/10/31/from-compliance-to-cooperation-what-the-gcc-2025-means-for-contractors-and-employers/) - The GCC 2025 is the first major overhaul of the General Conditions of Contract for Construction in ten years, introducing clearer terminology, modernised processes, and a stronger emphasis on collaboration. The updates aim to reduce ambiguity, support proactive project management, and align the contract with contemporary industry standards. The new edition clarifies key definitions, tightens - [Cox Yeats Recognised in the 17th Edition of Best Lawyers in South Africa](https://coxyeats.co.za/2025/11/13/cox-yeats-recognised-in-the-17th-edition-of-best-lawyers-in-south-africa/) - Cox Yeats has been honoured in the 17th edition of the Best Lawyers in South Africa, with lawyers from across its national offices recognised for their outstanding expertise. This achievement highlights the firm’s depth of specialist expertise and its ongoing commitment to delivering high-calibre legal counsel across key practice areas. It also underscores the professional - [Redefining Recovery: Zethu Ntanzi’s strategic voice in Business Rescue](https://coxyeats.co.za/2025/12/01/redefining-recovery-zethu-ntanzis-strategic-voice-in-business-rescue/) - When companies enter business rescue, many imagine it as a last gasp before failure. Yet, as recent corporate turnarounds have shown, with the right practitioners at the helm, business rescue can be a powerful tool for recovery and renewal. Among the leaders reshaping this space is Zethu Ntanzi, a Senior Associate in Cox Yeats’ Business - [Cox Yeats recognised in Chambers & Partners 2026 rankings](https://coxyeats.co.za/2026/02/12/cox-yeats-recognised-in-chambers-partners-2026-rankings/) - Cox Yeats has been recognised in the Chambers & Partners 2026 rankings as a Leading Firm, reflecting our continued strength across key practice areas and our growing standing in the South African legal market. The 2026 results include improved firm rankings in both Insurance and Restructuring & Insolvency, alongside continued recognition for the firm’s established - [Cox Yeats appoints Steven Saunders as Partner](https://coxyeats.co.za/2026/03/02/cox-yeats-appoints-steven-saunders-as-partner/) - Leading South African firm, Cox Yeats is pleased to announce the appointment of Steven Saunders as a Partner in the Business Rescue, Restructuring, Insolvency and Insurance (BRI) practice, effective 1 March 2026. Based in the firm’s Johannesburg office, Saunders joins the partnership as one of 30 partners guiding a national team of legal professionals in - [Ready for the future](https://coxyeats.co.za/2019/08/08/ready-for-the-future/) - Having offered specialised legal services for 55 years, boutique law firm Cox Yeats has just moved to fabulous, custom-built new premises - [Cox Yeats appoints Therusha Moodley as Associate](https://coxyeats.co.za/2026/01/27/cox-yeats-appoints-therusha-moodley-as-associate/) - Cox Yeats has appointed Therusha Moodley as an Associate in its Insolvency and Business Rescue practice. Therusha joins the firm following her time at RL Daly Inc., where she managed a Commercial Asset Finance portfolio for ABSA Bank Limited. Her experience spans banking law, litigation, and commercial matters, and her work has been recognised with - [Why Sustained Partnerships Are Crucial for KZN's Classrooms](https://coxyeats.co.za/2025/12/10/why-sustained-partnerships-are-crucial-for-kzns-classrooms/) - As the academic year draws to a close, KZN's schools enter a critical period. For learners, it's a time of final results anticipation; for educators, it’s a moment of exhaustion and reflection on a year often defined by resource gaps and capacity challenges, such as the educator shortage previously highlighted at Amaoti 3 Secondary. The - [School steps into digital age](https://coxyeats.co.za/2025/11/25/school-steps-into-digital-age/) - Digital literacy is fast becoming a vital skill for every learner, not only throughout their schooling, but for future job opportunities and everyday life. While national plans to make coding and robotics compulsory from grades R to nine have been discussed, many schools continue to face more immediate challenges with basic literacy and numeracy. Recognising - [D&O²: Legal, Insurance and Restructuring experts warn directors - "Act early or risk everything"](https://coxyeats.co.za/2025/10/30/do²-legal-insurance-and-restructuring-experts-warn-directors-act-early-or-risk-everything/) - As insolvency levels surge, South Africa's legal, insurance, and restructuring leaders convened in Parktown for a high-impact session titled "When D&O and Distressed Organisations Collide (D&O²)", hosted by leading firm of attorneys, Cox Yeats and the Insurance Institute of Gauteng (IIG). The event unpacked the legal, financial, and claims complexities facing directors and officers (D&Os) - [Investing in Literacy: Cox Yeats Partners with The Domino Foundation](https://coxyeats.co.za/2025/05/30/investing-in-literacy-cox-yeats-partners-with-the-domino-foundation/) - In 2024, Cox Yeats proudly partnered with The Domino Foundation to launch a year-long literacy project at Amaoti 3 Secondary School, turning what was initially a Mandela Day initiative into a sustainable impact programme. The firm sponsored: RITE Readers for Grade 8 & 9 learners struggling with foundational literacy A dedicated Cox Yeats Ambassador, Ms - [Cox Yeats Attorneys awarded 1st Overall in the Medium-Sized Law Firm Category at the PMR.africa Awards](https://coxyeats.co.za/2025/03/24/cox-yeats-attorneys-awarded-1st-overall-in-the-medium-sized-law-firm-category-at-the-pmr-africa-awards/) - We are honoured to have received the PMR.africa Diamond Arrow 2025 Award for 1st overall outstanding medium-sized law firm. This recognition reflects the collective commitment, professionalism, and excellence of our entire team across all practice areas and offices. The PMR.africa Awards are based on independent research and feedback from respondents within the legal sector, including - [Cox Yeats celebrates PMR Awards win in 2023](https://coxyeats.co.za/2023/12/05/cox-yeats-celebrates-pmr-awards-win-in-2023/) - For the sixth year running, Cox Yeats Attorneys has been rated the Best Medium-sized Law Firm in South Africa 2023 at the annual PMR Awards. PMR, a South Africa-based consultancy and research company, aims to celebrate excellence, acknowledge and set a benchmark for others to aspire to and create an opportunity to recognize a team’s hard work and - [Cox Yeats adds to annual awards haul with Best Lawyers® win for 2024](https://coxyeats.co.za/2023/11/16/cox-yeats-adds-to-annual-awards-haul-with-best-lawyers-win-for-2024/) - The legal profession’s oldest and most respected peer-review title, Best Lawyers® has announced the winners in the 15th Edition of Best Lawyers® in South Africa for 2024. A total of 15 Cox Yeats lawyers were recognised in their areas of speciality on this year's list. Founded more than four decades ago, Best Lawyers was created - [Cox Yeats success continues following 2023 Best Lawyers® announcements](https://coxyeats.co.za/2022/11/17/cox-yeats-success-continues-following-2023-best-lawyers-announcements/) - Cox Yeats’ success continues following the announcement that Cox Yeats Attorneys has been named the 2023 Law Firm of the Year for expertise in Insurance Law and Real Estate Law in the 14th Edition of Best Lawyers® in South Africa. - [Cox Yeats' opens Cape Town office](https://coxyeats.co.za/2022/09/01/cox-yeats-opens-cape-town-office/) - Cox Yeats Attorneys is proud to announce the expansion of its national footprint through the opening of a new office in Cape Town. Cox Yeats is a leading commercial law firm, offering a full range of legal services with a national and international focus. The firm’s head office is based in Umhlanga, Durban and its Johannesburg office was established in Sandton in 2020. - [Employee Wellness](https://coxyeats.co.za/2022/07/29/employee-wellness/) - Overall mental, physical, emotional, and economic health of employees. - [Cox Yeats listed in The Legal 500 Rankings 2022](https://coxyeats.co.za/2022/04/19/cox-yeats-listed-in-the-legal-500-rankings-2022/) - Cox Yeats Attorneys is delighted to announce that the firm has been recognised by The Legal 500 in two categories in 2022, namely Shipping and Transport and Construction. Through an annual comprehensive research programme, The Legal 500 analyses and ranks the capabilities of law firms across the world. The rankings are based on a series - [Reflect & Recharge](https://coxyeats.co.za/2022/02/11/reflect-recharge/) - The ‘covid factor’ that has permeated the world as we knew it over the past two years, has spurred a whole new lexicon, as people tried to put into words, the impact the virus has had on their lives. Pushed beyond previously unimaginable physical and emotional limits and with lives and livelihoods lost, South Africans - [Cox Yeats celebrates multiple nominations on Best Lawyers® list](https://coxyeats.co.za/2021/11/11/cox-yeats-celebrates-multiple-nominations-on-best-lawyers-list/) - Durban, KwaZulu-Natal – Cox Yeats Attorneys are proud to announce that 14 of their partners will be recognised in the 13th Edition of Best Lawyers® in South Africa. This is the largest of their number ever to have been included in the prestigious annual list. The publication is considered to be the oldest and most - [Cox Yeats continues to supply PPE To Amaoti no 3 matric students](https://coxyeats.co.za/2021/04/01/cox-yeats-continues-to-supply-ppe-to-amaoti-no-3-matric-students/) - DURBAN – As the new school year once again resumed for students, it soon became a reality that Covid19 was here to stay. The need for Personal Protective Equipment (PPE) for the matric students of Amaoti No 3 Secondary School, remained as real as it had been during 2020. - [Growth in the midst of challenge](https://coxyeats.co.za/2021/03/31/growth-in-the-midst-of-challenge/) - The year 2020 was difficult and challenging for all industries, and is one that will go down in the history books. Two short months into the year, life as we knew it was altered by the Covid-19 pandemic. With the national lockdown, businesses had to quickly adapt to a new way of operating. - [Dynamic And Innovative Law Firm Welcomes New Professionals](https://coxyeats.co.za/2021/02/28/dynamic-and-innovative-law-firm-welcomes-new-professionals/) - The year 2020 was difficult and challenging for all industries, yet despite that, we all need to ensure that our clients still receive the best possible service. Cox Yeats firmly believes that growth in people and expertise is paramount to excellent client service. In addition, the law firm has a clear and compelling purpose, “To - [Lifting spirits Cox Yeats challenges all law firms to the Jerusalema](https://coxyeats.co.za/2020/08/18/lifting-spirits-cox-yeats-challenges-all-law-firms-to-the-jerusalema/) - Many have done it. Many are doing it. All over the world, a South African gospel song has the world singing and dancing through a pandemic! “Jerusalema” - [Cox Yeats expands footprint to Johannesburg](https://coxyeats.co.za/2020/07/10/cox-yeats-expands-footprint-to-johannesburg/) - COX Yeats Attorneys – one of KZN’s largest locally-based legal practices – boldly expanded its footprint nationally on March 1, 2020 by opening a Johannesburg office in Sandton. This will now enable the firm to offer a quality professional service to businesses based in Gauteng, alongside existing Johannesburg and KwaZulu-Natal clients. - [Will the courts strike ever strike a balance on the right to strike](https://coxyeats.co.za/2020/06/30/will-the-courts-strike-ever-strike-a-balance-on-the-right-to-strike/) - Every worker has the Constitutionally entrenched right to strike in terms of section 3(2)(c) of the Bill of Rights. The notion of a requirement in law for unions to conduct a ballot of its members, before embarking on strike action, has always been contentious. - [Top law firm in the province](https://coxyeats.co.za/2020/06/30/top-law-firm-in-the-province/) - In the 2020 PMR.africa annual provincial survey assessing the top legal firms in province, a random, provincial sample of CEOs, MDs, business owners, company directors and managers and government officials based in the KwaZulu-Natal Province rated the legal firms. - [PPE for matric students at Amaoti no 3 during Covid-19](https://coxyeats.co.za/2020/06/15/ppe-for-matric-students-at-amaoti-no-3-during-covid-19/) - In response to a plea for Personal Protective Equipment (PPE) for the matric students of Amaoti No 3 Secondary School, Cox Yeats rose to the occasion. - [Mixed views on lockdown judgement](https://coxyeats.co.za/2020/06/04/mixed-views-on-lockdown-judgement/) - Durban - Constitutional lawyers and legal experts have polarised views on the Gauteng High Court judgment that declares some level 4 and 3 lockdown regulations invalid, with some describing it as “scathing” and a “symbolic victory” for constitutional democracy, and others decrying it as “lacking cogency”. - [Corporate KZN Rates Cox Yeats top Law Firm in the Province](https://coxyeats.co.za/2020/05/25/corporate-kzn-rates-cox-yeats-top-law-firm-in-the-province/) - In the 2020 PMR.africa annual provincial survey assessing the top legal firms in province, a random, provincial sample of CEO’s, MD’s, business owners, company directors and managers and government officials based in the KwaZulu-Natal Province rated the legal firms. - [Expanding their Footprint - Cox Yeats opens Johannesburg office](https://coxyeats.co.za/2020/04/01/expanding-their-footprint-cox-yeats-opens-johannesburg-office/) - Cox Yeats Attorneys has seen the need to expand its footprint nationally, to service existing KwaZulu-Natal and Johannesburg clients with businesses based in Gauteng. This need resulted in KZN’s largest locally based legal practice, opening a Johannesburg office in Sandton on 1 March 2020. The law firm, with its main office located in Umhlanga, Durban, operates locally, nationally and internationally, offering expertise and specialisation in the commercial and personal legal fields. - [Powered by experience](https://coxyeats.co.za/2020/03/31/powered-by-experience/) - Cox Yeats Attorneys has seen the need to expand its foot-print nationally, to service existing KwaZulu-Natal and Johannes-burg clients with businesses based in Gauteng. - [Leading Law Firm opens high power Joburg office in Sandton](https://coxyeats.co.za/2020/03/18/leading-law-firm-opens-high-power-joburg-office-in-sandton/) - KWAZULU-NATAL’S largest locally based practice Cox Yeats Attorneys, has expanded its footprint nationally. It opened a Joburg office in Sandton this month. - [New blood at Cox Yeats](https://coxyeats.co.za/2020/02/29/new-blood-at-cox-yeats/) - Jonathan re-joined Cox Yeats at the beginning of 2020 as Team Leader of the firm’s Information & Communications Technology practice, extending the firms’ services portfolio to include its’ clients’ information technology requirements. - [Does my business spend too much on IT](https://coxyeats.co.za/2020/02/12/does-my-business-spend-too-much-on-it/) - Is the rhetorical question on many CEO’s lips, even though they are inwardly sure it is so. - [Law firm celebrates its continued success](https://coxyeats.co.za/2019/12/05/law-firm-celebrates-its-continued-success/) - Durban - Law firm Cox Yeats Attorneys has grown exponentially over the years since moving from the Durban CBD to uMhlanga in 2010. - [Cox Yeats Attorneys is pleased to announce that 7 lawyers have been included in the 2020 Edition of The Best Lawyers in South Africa](https://coxyeats.co.za/2019/11/23/cox-yeats-attorneys-is-pleased-to-announce-that-7-lawyers-have-been-included-in-the-2020-edition-of-the-best-lawyers-in-south-africa/) - Cox Yeats Attorneys is pleased to announce that 7 lawyers have been included in the 2020 Edition of The Best Lawyers in South Africa. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. - [New chapter new space for law firm](https://coxyeats.co.za/2019/08/21/new-chapter-new-space-for-law-firm/) - BOUTIQUE KZN law firm Cox Yeats Attorneys recently moved to a new purpose built architecturally designed building in the heart of the uMhlanga Ridge precinct. - [Top city law firm relocates to provide better service and spectacular ocean views](https://coxyeats.co.za/2019/08/18/top-city-law-firm-relocates-to-provide-better-service-and-spectacular-ocean-views/) - KwaZulu-Natal boutique law firm Cox Yeats says its relocation to its a purpose-built office on the Ridge is significant step for the company and the realisation of a long-term goal to grow its people and expertise, thereby boosting its legal offering. - [Lets buy a bar! The importance of Shareholder Agreements](https://coxyeats.co.za/2019/06/30/lets-buy-a-bar-the-importance-of-shareholder-agreements/) - There is something of a recurring joke in the sitcom, “How I Met Your Mother”, that Ted and Barney should buy a bar. And why not? Cheap drinks, no last call; it’ll be legen … wait for it … It’s with a similar mindset that many people approach starting a business. It’s an exciting - [Collect those debts and loan accounts before they prescribe](https://coxyeats.co.za/2019/06/28/collect-those-debts-and-loan-accounts-before-they-prescribe/) - Debts prescribe. In simple terms, this means that you lose the right to collect the debt, from the individual or entity that was indebted to you, as the debt no longer exists. Prescription is governed by the Prescription Act 68 of 1969 and is designed to bring finality to disputes. The general rule is that - [Too broadly defined not clear enough yet](https://coxyeats.co.za/2019/05/26/too-broadly-defined-not-clear-enough-yet/) - There has been a flurry of news articles in recent weeks concerning an apparent challenge to the status quo in the B-BBEE landscape, especially in relation to ownership through trusts. In a nutshell, the fledgling B-BBEE Commission has indicated that more than half of the existing structures of trust ownership might amount to ‘fronting’. - [Cox Yeats receives Level 2 Broad Based Black Economic Empowerment (BBBEE) rating](https://coxyeats.co.za/2019/05/16/cox-yeats-receives-level-2-broad-based-black-economic-empowerment-bbbee-rating/) - Cox Yeats is pleased to have received a Level 2 Broad Based Black Economic Empowerment (BBBEE) rating in 2019. This is a significant improvement on the Level 4 rating that was achieved in 2018. - [The Impact of Appeals on Court Orders](https://coxyeats.co.za/2019/02/24/the-impact-of-appeals-on-court-orders/) - Timing is a very important consideration to dispute resolution. The only lawful way to resolve a dispute, unless agreement is reached or there is a referral to arbitration, is to obtain a court order. There are two paths available to obtaining a court order. The first involves an application to court using affidavits. This is possible - [Operationally Justifiable Retrenchments](https://coxyeats.co.za/2018/11/30/operationally-justifiable-retrenchments/) - Section 189A(19) of the Labour Relations Act, 1995, as amended (the LRA), which regulates so called large scale retrenchments compelled the Labour Court to find that an employee was dismissed for a fair reason if: (a) the dismissal was to give effect to a requirement based on the employers economic logical, structural or similar needs; (b) the dismissal was operationally justifiable on rational grounds; (c) there was a - [Complaints of fronting](https://coxyeats.co.za/2018/10/03/complaints-of-fronting/) - Empowerment ratings are increasingly important for obtaining government contracts, licences and permits as well as doing work for any other business remotely reliant on government. - [Book now - 10 steps to property development](https://coxyeats.co.za/2018/06/21/book-now-10-steps-to-property-development/) - [Cox Yeats - Progressively Growing](https://coxyeats.co.za/2018/05/01/cox-yeats-progressively-growing/) - AWARD-winning Cox Yeats has just received another prestigious honour, this time moving up in rankings to being independently voted the top medium-sized law firm in the country. Cox Yeats and its team of 45 handpicked professionals had been consistently a top achiever in the “small law” firm category in the PMR.Africa Diamond Arrow Awards. However, in the recent 2018 awards, it moved into first place in - [Is South Africa going green?](https://coxyeats.co.za/2018/04/01/is-south-africa-going-green/) - In the 2017, in the case of Prince v Minister of Justice, the authority of the state to restrict what people eat, drink or smoke in their own homes was challenged on the grounds that it is an unjustifiable invasion of an individual’s right to privacy, dignity and freedom. The Western Cape High Court held that the use of - [Important to protect your digital work](https://coxyeats.co.za/2018/02/18/important-to-protect-your-digital-work/) - We are living in the digital age. We rely on computer programs and the internet for enjoyment, communication and for business. Most modern business transactions incorporate digital elements, whether it be in the advertising space, e-commerce or simply concluding an agreement on your personal computer or on an app on your phone. The obvious risk that businesses face is the ease with which intellectual property, including computer programs, can be manipulated, copied - [Lee Den Hond Inspires Business women to conquer their own Mt Everest](https://coxyeats.co.za/2017/08/17/lee-den-hond-inspires-business-women-to-conquer-their-own-mt-everest/) - The purpose of this event is to show our appreciation to the women who are our business partners - women who have worked hard to get to where they are today. We salute you, and we celebrate you. - [Independence and Team Work](https://coxyeats.co.za/2017/03/31/independence-and-team-work/) - Resisting the “big brand” trend, Durban law firm Cox Yeats has retained its independence while building a nimble and skilled team of legal experts focused on the community they serve. The award-winning firm, which has at its helm 45 hand-picked professionals, was founded more than 50 years ago by noted Durban legal eagle Graham Cox. Those - [Construction Disasters - Special industry Groups Breakfast in KZN](https://coxyeats.co.za/2016/07/01/construction-disasters-special-industry-groups-breakfast-in-kzn/) - Thirty of KwaZulu-Natal's leading property developers, construction companies and industry professionals gathered at Umhlanga·s Oyster Box Hotel _in May to listen to leading South African attorney Richard Heal speak on construction disasters, at a Special Industry Groups [SIGS) breakfast organised by the Kwazulu-Natal Chapter of the SACSC. The event was sponsored by Trak Construction and - [Property law merger creates one of KZNs leading firms](https://coxyeats.co.za/2016/06/19/property-law-merger-creates-one-of-kzns-leading-firms/) - Respected specialist property law firm Halstead Paola, has merged with Cox Yeats to create a combined property team with more than 100 years’ experience in property law. This merger was effective as of June 1. The amalgamation of Halstead Paola with Cox Yeats will resultin a Cox Yeats property team that is one of the largest - [Cox Yeats - Halstead Paola Merger Scores a Century](https://coxyeats.co.za/2016/05/30/cox-yeats-halstead-paola-merger-scores-a-century/) - The amalgamation of Halstead Paola with Cox Yeats will result in a Cox Yeats Property Team that is one of the largest and most experienced property law departments in KwaZulu-Natal. - [Construction Disasters – What happens next?](https://coxyeats.co.za/2016/05/24/construction-disasters-what-happens-next/) - On Tuesday 24 May, thirty of Kwazulu-Natal’s leading property developers, construction companies and industry professionals gathered at Umhlanga’s Oyster Box Hotel to listen to leading South African attorney Richard Hoal, speak on construction disasters at a Special Industry Groups (SIGS) breakfast, organised by the Kwazulu-Natal Chapter of the South African Council of Shopping Centres. Mr - [The enforceability of restraint of trade agreements against employees](https://coxyeats.co.za/2016/04/27/the-enforceability-of-restraint-of-trade-agreements-against-employees/) - WE often receive instructions from anxious clients to either enforce restraint of trade agreements or to evade them. What is surprising, however, are some common misunderstandings regarding these agreements and the relevant legal principles. The starting point, of course, is that there needs to be an agreement. There is no right, in the absence of - [Flexible Restructuring In Business Rescue](https://coxyeats.co.za/2016/03/01/flexible-restructuring-in-business-rescue/) - Business rescue presents an opportunity for a more flexible approach to company restructuring. A number of corporate steps can be taken to restructure a company. These include the issue of shares, a change in the terms or classification of issued shares, a share buyback or any other scheme of arrangement. There is usually a range - [Trusts play important role and are here to stay](https://coxyeats.co.za/2016/02/24/trusts-play-important-role-and-are-here-to-stay/) - The Davis Tax Committee report on estate duty indudes recommenda­tions regarding the taxation of tmsts. Trusts are creatures both of statute and common Jaw and have developed over many decades. Trusts have various uses includ­ing protection of assets from credi­tors, continuity of ownership on death of the estate planner, preser­vation of wealth, control of finan­cial - [Contract cancellation by email comes up trumps](https://coxyeats.co.za/2016/01/27/contract-cancellation-by-email-comes-up-trumps/) - Modern business is fast-paced, often concluded in a rush of e-mails, phone calls and even by SMS or WhatsApp. The law can be slow in keeping up with advancements in technology and needs to be adapted and interpreted by courts in a way that is sensible in the 21st century. Often a contract will contain - [Taking legal matters to new frontiers](https://coxyeats.co.za/2016/01/24/taking-legal-matters-to-new-frontiers/) - law firms in town. Many are big national names. However, one of these firms fiercely guards its independence as a home grown success story that can better rise to the challenges faced by Durban companies. Michael Jackson, the managing partner at Cox Yeats, which offers a wide range of commercial legal services, believes the somewhat - [Interest rates have a significant effect on legal claims](https://coxyeats.co.za/2015/11/29/interest-rates-have-a-significant-effect-on-legal-claims/) - In South Africa, the price of electricity, water, fuel and money is regulated. In recent tlllles, the price of money, in the form of Interest rates,has been set relatively low by the SA Reserve Bank. This, In turn, has resulted In lower lending rates from commercial banks. - [BEE offers many roads to business ownership](https://coxyeats.co.za/2015/10/04/bee-offers-many-roads-to-business-ownership/) - For businesses that want to maintain and improve BEE rating under the general codes of good practice, securing black ownership is the key. One of the objectives of the Broad-Based Black Economic Empowerment Act is to facilitate a change in the racial composition of business ownership. In line with this, ownership holds the second-highest weighting - [Particulars of employment must be supplied in writing](https://coxyeats.co.za/2015/08/26/particulars-of-employment-must-be-supplied-in-writing/) - Employers sometimes express concern over the absence of letters of appointment in their business, often voicing uncertainty over the consequences. Some employers also confuse the concept of a letter of appointment with that of a contract of employment. Firstly, it is important to understand and appreciate that the existence of an employment relationship is not - [Container demurrage - a modern phenomenon](https://coxyeats.co.za/2015/07/15/container-demurrage-a-modern-phenomenon/) - Importers and exporters are often left without recourse to challenge container demurrage bills incured by shipping lines through no fault of their own. However, recent developments in London have raised som issues to take note of. Container demurrage is often viewed as a contractural penalty charged by shipping lines where generally speaking, the re-delivery of - [Private Parties in public construction projects](https://coxyeats.co.za/2015/03/25/private-parties-in-public-construction-projects/) - South African public construction projects are increasingly being funded by private entities by wasy of Private Public Partnerships (PPPs). PPPs are provided for in both national and municipal legislation, and can be defined as a contract between an organ of state and a private party which performs an institutional function or uses state property, and - [Cox Yeats leads in personalised expertise](https://coxyeats.co.za/2015/03/18/cox-yeats-leads-in-personalised-expertise/) - Cox Yeats may have celebrated its 50th anniversary last year, but the firm’s fresh, innovative approach continues to keep it youthful and relevant. Having recently achieved its third PMR.africa Diamond Arrow Award for the Best Small Law Firm in South Africa, Cox Yeats’ story bears testimony to the power of solid foundations, a compelling vision - [Circular - Cox Yeats' Insolvency Team](https://coxyeats.co.za/2014/12/09/circular-cox-yeats-insolvency-team/) - Cox Yeats are pleased to announce the formation of our specialised Insolvency Team. - [Half a century of legal practice](https://coxyeats.co.za/2014/11/19/half-a-century-of-legal-practice/) - The two youngest lawyers at one of Durban's oldest law firms say bigger firms, more technology, less red tape and more women in suits are the future for the legal profession. Jason Goodison, 28, and Sybil Mvulane, 20, two up-and-coming legal eagles at Cox & Yeats, which celebrates 50 years in business this year, said - [Honouring 50 Years Of Legal Excellence](https://coxyeats.co.za/2014/10/01/honouring-50-years-of-legal-excellence/) - July marked 50 years since founding partner Graham Cox (right) opened the doors to this prestigious Durban law firm. A year later Jeremy Yeats joined Cox, becoming a partner in 1967, to create a formidable team combining their passion for law with astute business sense – Cox Yeats. Since then many of KwaZulu-Natal’s respected businesses - [Honouring 50 Years](https://coxyeats.co.za/2014/10/01/honouring-50-years/) - Cox Yeats celebrates 50 years since opening its doors - [Planting Trees To Celebrate 50 Years Of Legal Excellence](https://coxyeats.co.za/2014/09/30/planting-trees-to-celebrate-50-years-of-legal-excellence/) - In celebrating their 50th Anniversary, Cox Yeats Attorneys reached out to their communities to mark this milestone by planting trees. Through Food & Trees for Africa (FTFA), three underprivileged schools in the Durban area were identified to receive 50 trees donated by Cox Yeats. The objectives being to plant for the future education of our - [Focussed Business Approach](https://coxyeats.co.za/2014/08/24/focussed-business-approach/) - Graham Cox is testament to how much difference one man can make in a lifetime. - [Homework before allowing occupation](https://coxyeats.co.za/2014/08/01/homework-before-allowing-occupation/) - Before letting a home or allowing a buyer to take early occupation (while a sale is finalised) it is important to appreciate the risks - [Challenging Policy Papers on Farm Lands](https://coxyeats.co.za/2014/07/30/challenging-policy-papers-on-farm-lands/) - [Oddities make act complex](https://coxyeats.co.za/2014/04/30/oddities-make-act-complex/) - [Strategic Plan lays out land reform](https://coxyeats.co.za/2014/03/26/strategic-plan-lays-out-land-reform/) - [Definition of 'corruption' very wide](https://coxyeats.co.za/2013/10/30/definition-of-corruption-very-wide/) - The Prevention and Combating of Corrupt Activities in South Africa Act No. 12 of 2004 was signed into law on April 27, 2004 and the definition under the act is very wide. The critical word used in respect of corruption is "gratification". It is widely interpreted to unclude money in cash or otherwise, but also - [Rates certificate is no bar to municipal arrears claim](https://coxyeats.co.za/2013/09/25/rates-certificate-is-no-bar-to-municipal-arrears-claim/) - A rates certificate must be lodged in the Deeds Office before a property can be transferred. Most people believe that once the municipality has issued the rates certificate and the property has been transferred to the buyer, the municipality cannot claim from from the buyer any arrear rates or unpaid debts which were not claimed - [Is Dishonesty Always Grounds For Dismissal?](https://coxyeats.co.za/2013/05/01/is-dishonesty-always-grounds-for-dismissal/) - The terms “dishonesty” and “breach of trust” have been buzz-words in labour relations circles for many decades now, often forming the topic of many a conversation around the question of whether employers are justified to dismiss employees for acts of dishonesty in various situations and in numerous sets of circumstances. What is often apparent is - [New Partner Appointments at Cox Yeats - Chris Haralambous and Simon Watson](https://coxyeats.co.za/2013/04/03/new-partner-appointments-at-cox-yeats-chris-haralambous-and-simon-watson/) - Chris Haralambous has been appointed a partner at Cox Yeats. The senior commercial and labour relations attorney has more than 17 years' experience in private practice, specialising in employment and commercial law and alternative dispute resolution. He is a qualified arbitrator. Simon Watson has been appointed as a partner at Cox Yeats. He can advise on constitutional, - [Corruption Lingering With Intent](https://coxyeats.co.za/2012/12/31/corruption-lingering-with-intent/) - To delve deeper into the epidemic, Blue Chip invited specialist fraud attorney, Peter Feuilherade, a Partner at Cox Yeats Attorneys, to unpack the Act and rate its effectiveness or lack thereof. - [Graham Cox - Still Paddling His Own Canoe](https://coxyeats.co.za/2012/12/12/graham-cox-still-paddling-his-own-canoe/) - Who remembers the manual Corolla typewriter, handwritten legal briefs in triplicate and “mistakenly” marching on the Union Buildings to protest against racist pass laws during the early years of apartheid? Few, to be sure. But 80-year-old business lawyer Graham Cox and his wife, Jillian, 77, have vivid memories of their university days in Cape Town, - [Restructuring In A Minefield](https://coxyeats.co.za/2012/06/01/restructuring-in-a-minefield/) - Getting to grips with the new Companies Act - [Callyn Wilkinson - Partner - New Appointment At Cox Yeats](https://coxyeats.co.za/2012/04/01/callyn-wilkinson-partner-new-appointment-at-cox-yeats/) - Cox Yeats is pleased to announce the appointment of Callyn Wilkinson as a Partner with the firm as from April 2012. ## Pages - [Home](https://coxyeats.co.za/) - Independent Legal InsightCox Yeats is a leading firm of attorneys which offers a wide range of commercial and personal legal services About UsOver 60 legal minds,3 offices, 1 platform of possibility Our PeopleAll the latest legal commentary and opinions from Cox Yeats, in one place Read Now Cox Yeats is a leading South African law - [Dispute Resolution](https://coxyeats.co.za/expertise/dispute-resolution/) - Dispute Resolution Adjudication • Arbitration • Mediation • Litigation We understand that disputes can threaten business continuity, stakeholder relationships, and financial outcomes. That’s why our dispute resolution practice is designed to offer tailored strategies across all major resolution methods: adjudication, arbitration, mediation, and litigation. Whether your matter requires a fast-track commercial remedy or formal court - [About Us](https://coxyeats.co.za/about-us/) - Partners in shaping possibility About Us Cox Yeats is a leading firm of attorneys which offers a wide range of commercial and personal legal services. We know that to best serve our clients, we first need to align on their goals and then deal with their legal affairs with this bigger picture in mind. Our - [Careers](https://coxyeats.co.za/careers/) - Build a Career with Purpose At Cox Yeats, we don’t just offer jobs, we invest in futures. Whether you’re a rising legal professional or an experienced specialist in operations, marketing, or finance, we offer an environment where individuality, innovation, and impact come together. Why Join Cox Yeats? We are a dynamic, award-winning law firm with - [Healthcare](https://coxyeats.co.za/expertise/healthcare/) - Healthcare Law Trusted Legal Guidance in a Regulated, Evolving Sector Healthcare law in South Africa is complex, highly regulated, and undergoing significant transformation. At Cox Yeats, we provide strategic, compliant, and commercially aligned legal advice to a wide range of stakeholders across the healthcare value chain, including medical schemes, healthcare providers, insurers, brokers, managed care - [Podcasts & videos](https://coxyeats.co.za/news-and-insights/podcasts-videos/) - Latest Videos & Podcasts Driving Business Rescue and Recovery in South Africa Is business rescue in South Africa still misunderstood? Cox Yeats Podcast | Competition Commission When D&O Risk Meets Corporate Distress: Insights from the IIG Insights Understanding the Changes to South Africa’s Labour Legislation Managing Contract Variations and Avoiding Disputes Authorising Transactions | What - [Construction & Engineering Law](https://coxyeats.co.za/expertise/construction-engineering-law/) - Construction, Engineering & Infrastructure Law Strategic Legal Support for South Africa and Africa’s Built Environment. At Cox Yeats, we deliver industry-leading legal solutions in construction, engineering, and infrastructure law across South Africa and the African continent. Our experienced team provides end-to-end legal support for complex infrastructure projects spanning energy, mining, transport, and water, turning legal - [Trusts & Estates](https://coxyeats.co.za/expertise/trusts-estates/) - Trusts & Estates Certified Legal Support for Local and International Documents Cox Yeats offers a comprehensive suite of notarial services tailored to meet the legal, regulatory, and administrative requirements for both local and cross-border use. Whether you’re submitting documents for employment abroad, registering contracts, or dealing with statutory authorities, our notarial team ensures your documentation - [Regulatory & Compliance Services](https://coxyeats.co.za/expertise/regulatory-compliance-services/) - Our Regulatory Law Expertise We offer tailored advice to both private and public sector clients on a wide range of regulatory and compliance issues. Whether you are launching a new venture, expanding into new sectors, or responding to regulatory investigations, our team is equipped to guide you at every step. Our services include: Compliance Audits - [Real Estate & Property Law](https://coxyeats.co.za/expertise/real-estate-property-law/) - Real Estate & Property Law Trusted Legal Guidance for Every Property Journey At Cox Yeats, we offer expert legal support across all aspects of real estate and property law. Whether you are acquiring, developing, leasing, or selling property, our experienced team ensures a seamless and compliant process. With deep roots in South Africa’s property sector, - [Insurance Law](https://coxyeats.co.za/expertise/insurance-law/) - Insurance Law Simplifying Complex Claims. Delivering Strategic Legal Solutions Insurance law requires precision, commercial awareness, and deep technical understanding. At Cox Yeats, our Insurance Practice Group provides innovative, cost-effective legal solutions across a broad spectrum of insurance matters. Whether advising on specialist claims or supporting insurers in navigating regulatory obligations, we bring clarity to complex - [Occupational Health & Safety](https://coxyeats.co.za/expertise/occupational-health-safety/) - Occupational Health & Safety Law Helping You Navigate the Complexities of Workplace Compliance At Cox Yeats, we understand the critical importance of occupational health and safety in the modern workplace. With over 30 years of experience advising on OHS law, our team offers a robust combination of legal expertise, industry knowledge, and regulatory insight to - [Mergers & Acquisitions](https://coxyeats.co.za/expertise/mergers-acquisitions/) - Mergers & Acquisitions Strategic Legal Support for Growth, Restructuring & Investment At Cox Yeats, our Mergers and Acquisitions (M&A) team advises South African and international clients on structuring, negotiating, and executing complex transactions. Whether you’re expanding through acquisition, entering a joint venture, disposing of a business unit, or investing in a high-growth company, we bring - [Maritime, Transport & International Trade](https://coxyeats.co.za/expertise/maritime-transport-international-trade/) - Maritime, Transport & International Trade Navigating Risk in a Shifting Legal Landscape Cox Yeats is recognised as a leader in maritime, transport, and international trade law. Our team provides end-to-end legal solutions for both domestic and international clients operating across the global trade, shipping, logistics, and insurance sectors. Whether navigating regulatory complexity, resolving disputes, or - [Finance & Banking Law](https://coxyeats.co.za/expertise/finance-banking-law/) - Finance & Banking Law Safeguarding Financial Integrity with Strategic Legal Solutions In an increasingly complex regulatory and economic environment, businesses need legal advisors who understand the full spectrum of financial services. At Cox Yeats, we partner with financial institutions, lenders, investors, and borrowers to navigate the legal intricacies of banking and finance with precision and - [Environmental Law](https://coxyeats.co.za/expertise/environmental-law/) - Environmental Law Strategic Legal Support for Compliance and Sustainability Environmental compliance is no longer optional; it’s essential. As environmental regulations grow increasingly complex, businesses need expert legal guidance to ensure they meet their obligations while advancing sustainability goals. At Cox Yeats, we provide comprehensive environmental law solutions that support responsible business practices and mitigate legal - [Energy & Natural Resources](https://coxyeats.co.za/expertise/energy-natural-resources/) - Energy & Natural Resources Powering Growth with Legal Insight and Sector Expertise The energy and natural resources sectors are rapidly evolving, shaped by regulatory complexity, environmental concerns, and the urgent push for sustainability. At Cox Yeats, we support clients operating in these high-stakes environments with commercially focused legal advice and practical, future-ready solutions.Our multidisciplinary team - [Employment Law](https://coxyeats.co.za/expertise/employment-law/) - Employment Law Navigating Labour Compliance, Disputes, and Workplace Strategy The South African labour environment is dynamic, highly regulated, and often contentious. At Cox Yeats, we help employers manage risk, resolve workplace disputes, and stay compliant with evolving employment legislation. Our Employment Law team offers strategic legal advice across the full employee lifecycle, from hiring and - [Corporate Investigations, Fraud & Cybercrime](https://coxyeats.co.za/expertise/corporate-investigations-fraud-cybercrime/) - Corporate Investigations, Fraud & Cybercrime Safeguard Your Business with Strategic Legal Risk Management In a digital and fast-paced business environment, companies face growing threats of internal fraud, cybercrime, and governance failures. At Cox Yeats, we help organisations prevent, detect, and respond to these threats with proactive legal strategies that protect business integrity and support operational - [Corporate & Commercial Law](https://coxyeats.co.za/expertise/corporate-commercial-law/) - Corporate & Commercial Law Strategic Legal Advice for Business Growth, Investment & Governance Cox Yeats provides comprehensive Corporate & Commercial Law services to entrepreneurs, corporates, investment firms, and multinational businesses across South Africa and beyond. Our team advises on the full corporate lifecycle, from company formation and structuring to mergers and acquisitions, governance, taxation, empowerment - [Business Rescue, Restructuring & Insolvency (BRI)](https://coxyeats.co.za/expertise/business-rescue-restructuring-insolvency/) - Business Rescue, Restructuring & Insolvency Strategic Legal Support Through Financial Distress When a business faces financial distress, timely legal advice can make the difference between recovery and collapse. Cox Yeats advises companies, directors, creditors, lenders, investors and business rescue practitioners on business rescue, corporate restructuring, insolvency and turnaround strategies across South Africa, helping clients navigate - [Administrative & Procurement Law](https://coxyeats.co.za/expertise/administrative-procurement-law/) - Administrative & Procurement Law Ensuring Compliance, Fairness, and Accountability in Public Sector Dealings Strict legal frameworks govern public procurement and administrative decisions to promote transparency, fairness, and value for money. At Cox Yeats, we assist both public institutions and private entities in navigating the complexities of South African administrative and procurement law, ensuring compliance, reducing - [Competition Law](https://coxyeats.co.za/expertise/competition-law/) - Competition Law Protecting Your Business Through Compliance and Fair Competition Cox Yeats advises local and international businesses on all aspects of competition law in South Africa, helping clients navigate the requirements of the Competition Act (No. 89 of 1998) and manage competition law risks across a range of industries. Our Competition Law team provides strategic - [Legal updates and insights](https://coxyeats.co.za/news-and-insights/legal-updates-and-insights/) - Legal Updates All the latest legal commentary and opinions from Cox Yeats, all in one place. Legal Updates Insight Opinions August 21, 2026 When Does a Home Builder Warranty Claim Prescribe? It frequently happens that homeowners only discover major structural defects in their newly built homes sometime after taking occupation. Cracks may appear gradually, floors - [Contact](https://coxyeats.co.za/contact/) - Contact Us Durban 45 Vuna Close, Umhlanga Ridge, 4319GPS: 29°43’45.9″S 31°04’19.3″E 031 536 8500 Johannesburg 4 Sandown Valley Crescent, Sandton, Gauteng, 2196GPS: 26°06’09.0″S 28°03’02.7″E 010 015 5800 Cape Town Unit 801, 8th Floor, Touchstone House, 7 Bree Street, Cape Town, 8001 | Dx 74 Cape TownGPS: 33°55’3.644:”S 18°25’19.66″E 021 879 2516 Name Email Phone Query - [Expertise](https://coxyeats.co.za/expertise/) - Expertise & Legal Services Administrative & Procurement Law Business Rescue, Restructuring & Insolvency Competition Law Construction, Engineering and Infrastructure Law Corporate & Commercial Law Corporate Investigations, Fraud & Cybercrime Dispute Resolution Employment Law Energy & Natural Resources Environmental Law Finance & Banking Law Healthcare Insurance Law Maritime, Transport & International Trade Mergers & Acquisitions Notarial - [Awards & Accolades](https://coxyeats.co.za/news-and-insights/awards-accolades/) - Awards & Accolades Year: 2026Publication: Legal 500 Europe, Middle East & Africa 2026 editionAward / Accolade Listing: Legal 500 EMEA 2026 RankingsAward Category: Shipping & Transport | Construction View Overview Read more about the awards here. Year: 2026Publication: PMR.africaAward / Accolade Listing: Top medium-sized law firm in South AfricaAward Category: 1st Overall in the Medium-Sized Law - [Our people](https://coxyeats.co.za/our-people/) - Our People Over 60 legal professionals across three offices, delivering expert advice through a collaborative, specialist-driven approach. Partners Associates Candidate Legal Practitioners (CLPs) Consultants Andrew Clark Managing Partner Peter Barnard Partner Gareth Cremen Partner Adelin Dalais Partner Rona Evans Partner Jason Goodison Partner Sunil Hansjee Partner Richard Hoal Partner Michael Jackson Partner Helen Jackson Partner - [News and Insights](https://coxyeats.co.za/news-and-insights/) - News & Insights Legal Updates Latest News Latest Videos Event Galleries Awards & Accolades - [Events](https://coxyeats.co.za/news-and-insights/events/) - Event Galleries Mandela Day 2025 – Supporting East Bank High School, Johannesburg 01 Aug 2025 View Gallery Constructive Counsel with Cox Yeats 19 Jun 2025 View Gallery Business Networking Breakfast 15 Oct 2024 View Gallery Mandela Day Durban 2024 23 Jul 2024 View Gallery Mandela Day Johannesburg 2024 23 Jul 2024 View Gallery Mandela Day - [Notarial Practice](https://coxyeats.co.za/expertise/notarial-practice/) - Notarial Practice Certified Legal Support for Local and International Documents Cox Yeats offers a comprehensive suite of notarial services tailored to meet the legal, regulatory, and administrative requirements for both local and cross-border use. Whether you’re submitting documents for employment abroad, registering contracts, or dealing with statutory authorities, our notarial team ensures your documentation is - [News and Insights](https://coxyeats.co.za/news-and-insights-2/) - News & Insights Legal UpdatesAll the latest legal commentary and opinions from Cox Yeats, all in one place.Ensuring Compliance, Fairness, and Accountability in Public Sector Dealings Learn More Latest NewsFind all the latest firm news and features right here. Learn More Latest Videos Learn More Event Galleries Learn More Awards & Accolades Learn More - [Test](https://coxyeats.co.za/test/) - Business Rescue, Restructuring & Insolvency Strategic Legal Support Through Financial DistressIn today’s unpredictable economic environment, financial distress can affect even the most resilient businesses. At Cox Yeats, we offer proactive and strategic legal support to companies facing operational or financial difficulty, guiding them through turnaround, recovery, or exit in a way that preserves value and - [BBBEEE & Transformation](https://coxyeats.co.za/expertise/bbbeee-transformation/) - B-BBEE & Transformation Strategic Legal Support to Drive Inclusive GrowthBroad-Based Black Economic Empowerment (B-BBEE) is more than a legal requirement; it’s a vital tool for achieving inclusive economic growth and building a more equitable South Africa. At Cox Yeats, we partner with clients to deliver tailored, effective B-BBEE solutions that not only ensure compliance but - [Mandela Day 2024](https://coxyeats.co.za/news-and-insights/podcasts-videos/mandela-day-2024/) - Videos Mandela Day 2024 Mandela Day 2024 Amaoti Sec School 1 Amaoti Sec School 2 Amaoti Sec School 3 Amaoti Sec School 4 Amaoti Sec School 5 Amaoti Sec School 6 - [Tax Law](https://coxyeats.co.za/expertise/tax-law/) - Tax Law Minimising Risk. Maximising Compliance.Tax law is a constantly evolving landscape, and navigating it requires more than just technical know-how—it demands strategic insight, commercial awareness, and precision. At Cox Yeats, our Tax Law practice provides individuals and businesses with expert legal counsel to ensure full compliance while minimising exposure and liability.Whether you’re restructuring your - [Partners](https://coxyeats.co.za/our-people/partners/) - [Consultants](https://coxyeats.co.za/our-people/consultants/) - [Associates](https://coxyeats.co.za/our-people/associates/) - [Candidate Legal Practitioners (CLPs)](https://coxyeats.co.za/our-people/candidate-legal-practitioners-clps/) - [PAIA Manual](https://coxyeats.co.za/compliance/paia-manual/) - [Disclaimer](https://coxyeats.co.za/compliance/disclaimer/) - [Compliance](https://coxyeats.co.za/compliance/) ## Galleries - [Mandela Day 2025 - Supporting East Bank High School, Johannesburg](https://coxyeats.co.za/gallery/mandela-day-2025-supporting-east-bank-high-school-johannesburg/) - 01 Aug 2025 - [Constructive Counsel with Cox Yeats](https://coxyeats.co.za/gallery/constructive-counsel-with-cox-yeats/) - 19 Jun 2025 - [Business Networking Breakfast](https://coxyeats.co.za/gallery/business-networking-breakfast/) - 15 Oct 2024 - [Mandela Day Durban 2024](https://coxyeats.co.za/gallery/mandela-day-durban-2024/) - 23 Jul 2024 - [Mandela Day Johannesburg 2024](https://coxyeats.co.za/gallery/mandela-day-johannesburg-2024/) - 23 Jul 2024 - [Mandela Day 2023](https://coxyeats.co.za/gallery/mandela-day-2023/) - 18 Jul 2023 - [2021 Cox Yeats - Mandela day initiative](https://coxyeats.co.za/gallery/2021-cox-yeats-mandela-day-initiative/) - 14 Jun 2021 - [Cox Yeats continues to supply PPE To Amaoti no 3 matric students](https://coxyeats.co.za/gallery/cox-yeats-continues-to-supply-ppe-to-amaoti-no-3-matric-students/) - 01 Apr 2021 - [Sandwich Making – Amaoti No 3 School](https://coxyeats.co.za/gallery/sandwich-making-amaoti-no-3-school/) - 01 Sep 2020 - [PPE for Matric students at Amaoti No 3 during Covid-19](https://coxyeats.co.za/gallery/ppe-for-matric-students-at-amaoti-no-3-during-covid-19/) - 15 Jun 2020 - [Amaoti No 3 School – Matric Awards Ceremony](https://coxyeats.co.za/gallery/amaoti-no-3-school-matric-awards-ceremony-2/) - 07 Feb 2020 - [Amaoti No 3 School – 2019 Mandela Day](https://coxyeats.co.za/gallery/amaoti-no-3-school-2019-mandela-day/) - 18 Jul 2019 - [2019 PMR.africa Diamond Arrow Award](https://coxyeats.co.za/gallery/2019-pmr-africa-diamond-arrow-award/) - 14 Feb 2019 - [Amaoti No 3 School – Matric Awards Ceremony](https://coxyeats.co.za/gallery/amaoti-no-3-school-matric-awards-ceremony/) - 01 Feb 2019 - [Mandela Day 2018](https://coxyeats.co.za/gallery/mandela-day-2018/) - 18 Jul 2018 - [Women's Day 2018](https://coxyeats.co.za/gallery/womens-day-2018/) - 22 Aug 2018 - [2018 PMR.africa Diamond Arrow Award](https://coxyeats.co.za/gallery/2018-pmr-africa-diamond-arrow-award/) - 02 Mar 2018 - [2017 PMR.Africa Golden Arrow Award](https://coxyeats.co.za/gallery/2017-pmr-africa-golden-arrow-award-2/) - 20 Oct 2017 - [Women's Month Luncheon](https://coxyeats.co.za/gallery/womens-month-luncheon/) - 17 Aug 2017 - [MPC – Cox Yeats Labour Law Breakfast](https://coxyeats.co.za/gallery/mpc-cox-yeats-labour-law-breakfast/) - 04 Aug 2017 - [2017 PMR.Africa Golden Arrow Award](https://coxyeats.co.za/gallery/2017-pmr-africa-golden-arrow-award/) - 27 Feb 2017 - [SACSC SIGS Developers, Landlords and Professionals Breakfast](https://coxyeats.co.za/gallery/sacsc-sigs-developers-landlords-and-professionals-breakfast/) - 24 May 2016 - [2015 PMR Golden Arrow Award](https://coxyeats.co.za/gallery/2015-pmr-golden-arrow-award/) - 23 Oct 2015 - [2015 PMR Diamond Arrow Award](https://coxyeats.co.za/gallery/2015-pmr-diamond-arrow-award/) - 08 Oct 2015 - [Mandela Day 2015](https://coxyeats.co.za/gallery/mandela-day-2015/) - 09 Jul 2015 - [2014 PMR Golden Arrow Award](https://coxyeats.co.za/gallery/2014-pmr-golden-arrow-award/) - 23 Jul 2014 - [2013 PMR Golden Arrow Award](https://coxyeats.co.za/gallery/2013-pmr-golden-arrow-award/) - 01 Mar 2013 - [Mandela Day 2014](https://coxyeats.co.za/gallery/mandela-day-2014/) - 18 Jul 2014 - [2012 PMR Golden Arrow Award](https://coxyeats.co.za/gallery/2012-pmr-golden-arrow-award/) - 31 Oct 2012 ## Legal Updates - [Abstentions and Section 60 Shareholder Resolutions](https://coxyeats.co.za/legal-update/abstentions-and-section-60-shareholder-resolutions/) - Abstentions in the context of shareholder resolutions adopted under section 60 are not often considered in practice, usually because shareholder participation is typically sufficient to avoid uncertainty. Section 60 Section 60(2)(a) provides that a resolution: “will have been adopted if it is supported by persons entitled to exercise sufficient voting rights for it to have - [When Does a Home Builder Warranty Claim Prescribe?](https://coxyeats.co.za/legal-update/when-does-a-home-builder-warranty-claim-prescribe/) - It frequently happens that homeowners only discover major structural defects in their newly built homes sometime after taking occupation. Cracks may appear gradually, floors may sink, or water damage may worsen over months or even years. The Housing Consumers Protection Measures Act 95 of 1998 (“the Housing Consumers Act”) provides a statutory warranty regime to - [Arbitration Bulletin - Setting Aside an International Arbitration Award](https://coxyeats.co.za/legal-update/arbitration-bulletin-setting-aside-an-international-arbitration-award/) - In May 2026, the Supreme Court of Appeal delivered an interesting judgment relating to an arbitration award governed by the International Arbitration Act, 15 of 2017 (“the Act”), in which a monetary award of €50m had been issued in favour of the claimant. The two main protagonists in the proceedings are Frazer Solar GmbH, a - [Can an adjudicator decide a disputethat was never referred to him?](https://coxyeats.co.za/legal-update/can-an-adjudicator-decide-a-disputethat-was-never-referred-to-him/) - Construction adjudication is designed to be a fast, interim dispute resolution mechanism – a “pay now, argue later” tool to keep cash flowing on site while the parties reserve their right to litigate or arbitrate the underlying merits in due course. Its effectiveness depends on speed and enforceability. But what happens when a contractor, in - [Jurisdiction of an arbitrator: Can an arbitrator declare a state contract invalid?](https://coxyeats.co.za/legal-update/jurisdiction-of-an-arbitrator-can-an-arbitrator-declare-a-state-contract-invalid/) - It is not uncommon in disputes involving municipalities and other organs of state for the question of the validity of the underlying agreement to arise. Some contracts may not be concluded following a proper and lawful public procurement process in terms of Section 217 of the Constitution. Where the parties have agreed to refer their - [When can a medical scheme terminate membership for non-disclosure?](https://coxyeats.co.za/legal-update/when-can-a-medical-scheme-terminate-membership-for-non-disclosure/) - The question of when a medical scheme may terminate membership due to non-disclosure was considered relatively settled in South African law. However, the Constitutional Court’s decision in Carlo Swanepoel N.O v Profmed Medical Scheme [2024] ZACC 23 has revisited both the duty to disclose and the threshold for material non-disclosure, and for many observers, the - [What remedy is available to an innocent contractor when a State contract is declared invalid?](https://coxyeats.co.za/legal-update/what-remedy-is-available-to-an-innocent-contractor-when-a-state-contract-is-declared-invalid/) - State contracts are frequently set aside by courts because proper procurement procedures were not followed. What happens to the contractor who has already done the work in good faith? Can it recover payment, including a profit margin? These questions came before the Constitutional Court in a judgment delivered on 27 May 2026. The Zeal Health - [Can residents compel multiple state entities to fix failing infrastructure?](https://coxyeats.co.za/legal-update/can-residents-compel-multiple-state-entities-to-fix-failing-infrastructure/) - Residents across South Africa face chronic infrastructure failures. Flooding, exposed sewer lines, collapsing riverbanks and stormwater mismanagement are increasingly common. When residents approach their local municipality for help and are met with nothing more than buck-passing between government departments, what can they do? Can they obtain a court order compelling the state to act? And - [Interdicts and the Need to Know Your Enemy](https://coxyeats.co.za/legal-update/interdicts-and-the-need-to-know-your-enemy/) - Recent court decisions in the construction and engineering sector have reinforced the importance of properly identifying individuals responsible for unlawful conduct before seeking an interdict. Broad allegations against undefined groups may weaken urgent court applications and prevent relief from being granted. Threats, intimidation, and violent disruptions by community groups, business forums or disgruntled employees are - [April 2026: The Month of AI](https://coxyeats.co.za/legal-update/april-2026-the-month-of-ai/) - April 2026, proved to be an eventful month in the world of AI. Within a single month, South Africa’s Draft National Artificial Intelligence (AI) Policy was withdrawn shortly after publication, OpenAI discontinued Sora due to unsustainable operating costs, and the highly publicised OpenAI trial involving Elon Musk commenced, with Musk serving as a key witness. - [Competition Act and Employee Share  Ownership Structures](https://coxyeats.co.za/legal-update/competition-act-and-employee-share-ownership-structures/) - Employee share ownership has been a feature of empowerment structures since BEE legislation was introduced in 2003. In 2019, the Competition Act was amended by introducing a further factor which the Competition Commission (the Commission) and Competition Tribunal must consider when approving a merger. Section 12(3)(e) was introduced by stipulating that the Competition Authorities must - [Estate Planning 2026](https://coxyeats.co.za/legal-update/estate-planning-2026/) - Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 000.00. Estate duty is not payable on assets bequeathed to a surviving spouse. If - [ICLG Mergers & Acquisitions: South Africa M&A Guide 2026](https://coxyeats.co.za/legal-update/iclg-mergers-acquisitions-south-africa-ma-guide-2026/) - The South African mergers and acquisitions landscape continues to evolve, shaped by a robust regulatory framework and increasing scrutiny on transaction structuring, competition considerations, and disclosure requirements. The latest ICLG Mergers & Acquisitions – South Africa chapter provides a comprehensive overview of the legal principles governing M&A activity in the jurisdiction. It covers key areas - [Medical Schemes and Public Power: The Constitutional Clarification in Famous Idea v GEMS](https://coxyeats.co.za/legal-update/medical-schemes-and-public-power-the-constitutional-clarification-in-famous-idea-v-gems/) - The Constitutional Court delivers a reassuring and defining message in its judgment of Famous Idea Trading 4 v Government Employees Medical Scheme (GEMS) – a medical scheme’s decisions are not administrative actions simply because they operate in a public space. The case involved a courier pharmacy company which lost out on a lucrative contract with - [The Power Behind the Plans: Copyright and Control](https://coxyeats.co.za/legal-update/the-power-behind-the-plans-copyright-and-control/) - Construction projects involve significant creative and technical input from architects, engineers and designers (hereinafter referred to as proprietors). Once a client has paid for construction drawings and designs, one important question arises: may the client freely reproduce, reuse, or demand specific formats of those designs? This question is often answered with reference to the Copyright - [Transparency prevails - The SCA confirms strict limits on refusal of access to information in Eskom v AfriForum](https://coxyeats.co.za/legal-update/transparency-prevails-the-sca-confirms-strict-limits-on-refusal-of-access-to-information-in-eskom-v-afriforum/) - The Supreme Court of Appeal in Eskom Holdings SOC Limited and Another v AfriForum NPC has reaffirmed the central role of transparency in South African administrative law. The judgment confirms that access to information held by public bodies is the default position, and that refusals under the Promotion of Access to Information Act 2 of - [Cox Yeats Secures Landmark SCA Judgment on Cross Border Insolvency](https://coxyeats.co.za/legal-update/cox-yeats-secures-landmark-sca-judgment-on-cross-border-insolvency/) - Cox Yeats has secured a landmark victory in the Supreme Court of Appeal (SCA), which has delivered a precedent-setting judgement providing long-awaited clarity on the treatment of cross cross-border insolvency matters in South Africa. Handed down on 23 March 2026 in Scheer v Wagner N.O. & Others (Case No. 1109/2024) [2026] ZASCA 32, the ruling - [Court Pulls the Plug on Eskom’s Power Play](https://coxyeats.co.za/legal-update/court-pulls-the-plug-on-eskoms-power-play/) - The Johannesburg High Court recently handed down judgment in Sibanye Gold (Pty) Ltd and Others v Eskom Holdings SOC Ltd and Others, a decision with important implications for administrative action taken by state-owned entities. The judgment comes at a time when South Africa’s energy policy is firmly directed towards increasing private participation, accelerating renewable energy - [Arbitration Case Note: There are Limits to an Arbitrator’s Jurisdiction](https://coxyeats.co.za/legal-update/arbitration-case-note-there-are-limits-to-an-arbitrators-jurisdiction/) - In December 2025, the Supreme Court of Appeal ruled that arbitrators do not have the power to declare contracts concluded in the course of public procurement unlawful or invalid.[1] The case concerned a contract awarded by a municipality to a contractor to construct roads in circumstances where the municipality had not followed the required tender - [Rising Wages, Rising Claims: What Contractors Need to Know](https://coxyeats.co.za/legal-update/rising-wages-rising-claims-what-contractors-need-to-know/) - South Africa’s annual increases to the national minimum wage are intended to promote fair pay and reduce inequality. For contractors and project owners, however, these increases can have significant cost implications during the life of construction projects. The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019 and applies - [Removal of an Arbitrator](https://coxyeats.co.za/legal-update/removal-of-an-arbitrator/) - If an arbitrator unreasonably delays the issue of an award, he may, upon application to the High Court, be removed as arbitrator and forfeit his remuneration. To remove an arbitrator from office, a party is required to show good cause in terms of the Arbitration Act. The Act provides that good cause includes failure on - ["Pay when paid" clauses](https://coxyeats.co.za/legal-update/pay-when-paid-clauses/) - Having regard to the reasoning applied in a recent English court decision, “pay when paid” clauses may not be quite the source of comfort to main contractors as previously thought. A “pay when paid” clause is the clause that is typically put into contracts between main contractors and subcontractors stipulating that the subcontractor will only - [Setting Aside a Tender Award](https://coxyeats.co.za/legal-update/setting-aside-a-tender-award/) - UNFAIR TENDERS CAN BE SET ASIDE The High Court of South Africa, Transvaal Provincial Division, recently set aside a tender award by the Mpumalanga Tender Board and awarded the tender to the tenderer that had achieved the most points. In March 2001 tenders were invited for the rehabilitation and construction of a road in the - [Substituting Security for a Lien](https://coxyeats.co.za/legal-update/substituting-security-for-a-lien/) - It frequently occurs that a contractor exercises a lien over construction works because of non-payment by an employer. The court has a discretion, if it considers that it is equitable to do so, to compel the contractor to deliver the works provided that the contractor’s rights are safeguarded by means of adequate security being provided - [Damages for wrongful Tender Award: Completing Unfinished Works : Expert Costs](https://coxyeats.co.za/legal-update/damages-for-wrongful-tender-award-completing-unfinished-works-expert-costs/) - AGGRIEVED TENDERERS AND DAMAGES The Supreme Court of Appeal has held that it is not competent for an unsuccessful tenderer to claim damages for loss of profit arising from the non-award to him of a tender despite the tender award to the successful tenderer having been wrong. Whilst the case was decided before the promulgation - [Setting Aside Tender Awards: A Sequel](https://coxyeats.co.za/legal-update/setting-aside-tender-awards-a-sequel/) - In a previous Bulletin we dealt with the case of Grinaker-LTA Ltd v The Tender Board Mpumalanga in which the High Court set aside what was considered to be a tainted tender award. In another recent case , as yet unreported, the High Court has again had occasion to set aside an improperly awarded tender. - [Unregistered Home Builders: No right to Payments](https://coxyeats.co.za/legal-update/unregistered-home-builders-no-right-to-payments/) - A decision of the Johannesburg High Court last year has affirmed the precarious position of contractors who build homes without being registered in terms of the Housing Consumers Protection Measures Act, 95 of 1998 (“the Act”). The Act stipulates2: “No person shall – (a) carry on the business of a home builder; or (b) receive - [Altering a Tender](https://coxyeats.co.za/legal-update/altering-a-tender/) - Some useful guidance is to be had from a recent case as to what changes may be permissible to a tender after the tenders have been opened. The case also summarises the principles governing tenders in the public sector and more particularly in relation to local authorities. THE PRINCIPLES RESTATED In adjudicating and awarding tenders - [Builder Reserves Ownership](https://coxyeats.co.za/legal-update/builder-reserves-ownership/) - BUILDER RESERVES OWNERSHIP At issue in a recent Supreme Court of Appeal decision1 was whether a builder’s reservation of ownership of equipment to be supplied in terms of a building contract was effective. The relevant facts were: Fisher Foods SA (Pty) Ltd (“Fisher Foods”) called for tenders for the construction of a factory in Kempton - [Scope of Builder's Lien](https://coxyeats.co.za/legal-update/scope-of-builders-lien/) - The High Court has, in a judgment recently handed down1 , clarified the scope of a builder’s lien and reiterated some of the relevant principles underpinning such a lien. The facts were: Mr Ballinger owned a property in Knysna. Norvic Diverse Systems (Norvic) was employed by Ballinger to build a dwelling on the property. Ballinger - [You and Your Will Booklet](https://coxyeats.co.za/legal-update/you-and-your-will-booklet/) - Why Make a Will? If you die without making a Will you are said to die intestate. As you will not have nominated an executor to wind up your estate, it will be necessary to ask the Master of the High Court to appoint an executor. After considering the views of the surviving spouse, the - [Marriage Money Booklet](https://coxyeats.co.za/legal-update/marriage-money-booklet/) - 1. Marriages in Community of Property If prospective marriage partners do not execute an antenuptial contract, their marriage will be in community of property. The assets which a husband and his wife bring into the marriage are pooled and jointly owned in equal shares. Similarly, with certain minor exceptions , all additional assets acquired during - [Nomination of a Conveyancer](https://coxyeats.co.za/legal-update/nomination-of-a-conveyancer/) - In a contract for the sale of land, one of the clauses to be negotiated is whether the conveyancer will be nominated by the seller or the purchaser. If the agreement is silent on the appointment of the conveyancer, it was held in the case of James versus Liquidators of the Amsterdam Township Company 1903 - [Rates Memo](https://coxyeats.co.za/legal-update/rates-memo/) - Legislative Background 1.1 The Constitution A municipality derives its powers to impose rates originally from the Constitution. Section 229 of the Constitution states that a municipality may impose rates on a property and surcharges on fees for services provided by or on behalf of a municipality. The power to impose rates is subject to Section - [Accrual Can Imperil Inheritance](https://coxyeats.co.za/legal-update/accrual-can-imperil-inheritance/) - John and Jane marry out of community of property by Antenuptial Contract which automatically includes the accrual system introduced by the Matrimonial Property Act No. 88 of 1984. Section 2 of the Act states that "every marriage out of community of property in terms of an Antenuptial Contract by which community of property and community - [Landlord’s Right to Sue a Tenant](https://coxyeats.co.za/legal-update/landlords-right-to-sue-a-tenant/) - Thekweni Properties sued its tenant for payment of arrear rentals owing in terms of an agreement of lease. In a special plea the tenant alleged that the landlord had divested itself of the power to sue for rental by virtue of a cession in securitatem debiti in favour of a bank. The Durban High Court - [Damage to Hired Plant](https://coxyeats.co.za/legal-update/damage-to-hired-plant/) - INTRODUCTION Towards the end of last year the Supreme Court of Appeal (“SCA”) reminded us of the basic principles governing the relationship between the owner and hirer of plant1. THE FACTS In June 2000 Mutual Construction Company (Tvl) (Pty) Ltd (“Mutual”) hired a CAT 769 articulated dump truck to Komati Dam Joint Venture (“the Joint - [Engineers Beware](https://coxyeats.co.za/legal-update/engineers-beware/) - INTRODUCTION The Supreme Court of Appeal (SCA) has provided helpful guidance, albeit costly for the engineer concerned, relating to what will suffice as a notice by a Contractor of unforeseen adverse conditions. THE FACTS In 1996 Enviroserve decided to expand its waste disposal site in an area known as Aloes in Port Elizabeth by adding - [The Main Contractor is Liquidated: Can the Employer Cancel?](https://coxyeats.co.za/legal-update/the-main-contractor-is-liquidated-can-the-employer-cancel/) - INTRODUCTION The liquidation of a company does not, save for certain exceptions which are not relevant to this discussion, terminate contracts to which the company is a party. Upon the grant of a final liquidation order in respect of a company, a state of affairs described as the concursus creditorum comes about. What this means - [Land Buying Blues](https://coxyeats.co.za/legal-update/land-buying-blues/) - A purchase and sale agreement in respect of immovable property is signed. The first question the conveyancer is likely to be asked is "How long will the transfer take?". The response to that question will be influenced inter alia by whether the purchasing entity needs to be formed. And thereby hangs part of this tale. - [Professional Services Agreement - No Price No Pay?](https://coxyeats.co.za/legal-update/professional-services-agreement-no-price-no-pay/) - INTRODUCTION If an engineer, architect, or any professional for that matter, agrees to do work for a client and there is no agreement on the remuneration payable, does that mean that the professional is not entitled to payment for any work done? This is the question that the KwaZulu-Natal High Court, Durban, had to answer - [New Law Protecting Farm Workers and Farm Occupiers](https://coxyeats.co.za/legal-update/new-law-protecting-farm-workers-and-farm-occupiers/) - On 24 December 2010, the Minister of Rural Development & Land Reform ("Minister") published the draft Land Tenure Security Bill ("the Bill") and invited comment on the Bill within 60 days. The Bill aims to regulate the rights of persons who reside on farms, who work on farms, persons who are associated with them and - [Consumer Protection - Is Your Business ready for the CPA](https://coxyeats.co.za/legal-update/consumer-protection-is-your-business-ready-for-the-cpa/) - The Consumer Protection Act, due to commence in full on 31 March 2011, will have a significant impact on the conduct of business in South Africa. The Act regulates the daily interactions between suppliers and consumers and imposes restrictions on the contents of agreements between them. In general terms, the Act applies to transactions within - [Consumer Protection - Regulations: Draft vs Final](https://coxyeats.co.za/legal-update/consumer-protection-regulations-draft-vs-final/) - The final regulations to the Consumer Protection Act 68 of 2008 (Consumer Protection Act), published on 1 April 2011 (Final Regulations), have changed the scope of some of the consumer rights which were regulated in the draft regulations published on 28 October 2010 (Draft Regulations). Whilst a full-scale comparison of old against new is beyond - [Contractor Cancels JBCC Contract](https://coxyeats.co.za/legal-update/contractor-cancels-jbcc-contract/) - Introduction In the JBCC cancellation clause there is a provision to the effect that neither the employer nor the contractor can cancel the contract if at the time the party wishing to cancel is itself in breach of a material term of the contract. The old BIFSA White Form Contract had a similar provision which - [Construction Guarantor Escapes](https://coxyeats.co.za/legal-update/construction-guarantor-escapes/) - Introduction The Supreme Court of Appeal (“SCA”), towards the end of last year, dealt with an interesting case involving a JBCC construction guarantee.1 At issue was whether in the circumstances of the case the guarantor, Renasa Insurance Company Ltd (“Renasa”), was entitled to avoid liability under the guarantee vis-à-vis a claim by the employer. The - [Companies Act - Intercompany Loans](https://coxyeats.co.za/legal-update/companies-act-intercompany-loans/) - In Companies Act Circular Number 1, we pointed out that remuneration for directors for services as directors may only be paid in accordance with a special resolution approved by the shareholders within the previous two years. We also pointed out that companies may not make loans to directors unless: the loan has been approved by - [Promotion of Access to Information Act](https://coxyeats.co.za/legal-update/promotion-of-access-to-information-act/) - With effect from 31 December 2011, all private bodies will be obliged to prepare a manual which complies with the Promotion of Access to Information Act. Private bodies include any individual or partnership which carries on a trade, business or profession and any juristic person (such as a trust, company or close corporation). The Promotion - [Can an Arbitrator make an Award by Consent](https://coxyeats.co.za/legal-update/can-an-arbitrator-make-an-award-by-consent/) - Introduction It frequently happens in arbitrations that parties settle their disputes before the conclusion of the arbitration proceedings. In these circumstances it has often been the practice for the parties to ask the arbitrator to make an award by consent setting out the terms of the settlement between them. The question as to whether such - [Green Paper on Land Reform](https://coxyeats.co.za/legal-update/green-paper-on-land-reform/) - On 31 August 2011, the Department of Rural Development and Land Reform tabled the Green Paper on Land Reform. The Green Paper’s stated aim is to address the injustice of past discriminatory laws and the inadequacy of existing land reform legislation and policy. The Department of Rural Development and Land Reform proposes various measures to - [A move towards Renewable Energy](https://coxyeats.co.za/legal-update/a-move-towards-renewable-energy/) - Governments and businesses around the world are placing increasing value on the generation and use of renewable energy. As the South African regulatory environment changes to incentivise investment in technologies and initiatives which increase the use of renewable energy, new opportunities for business emerge. This circular explores some of the regulatory schemes which may influence - [The Renewal of Leases and Ubuntu](https://coxyeats.co.za/legal-update/the-renewal-of-leases-and-ubuntu/) - Leases sometimes contain a clause entitling the lessee to renew the lease at a rental to be agreed upon. It has long been established law that such a clause is unenforceable as it requires the parties to agree on the rental. A right of renewal is enforceable only if the rent is stated or is - [More on Tenders](https://coxyeats.co.za/legal-update/more-on-tenders/) - Introduction Usually tenders are attacked by an aggrieved tenderer who believes that the award made was wrong due to either procedural irregularities, corruption or otherwise. What is the position if the organ of State who made the award itself recognises that it acted wrongly in making the award? Can it correct its mistake? In December - [Take care when calling up a Construction Guarantee](https://coxyeats.co.za/legal-update/take-care-when-calling-up-a-construction-guarantee/) - Introduction Late last year the Supreme Court of Appeal handed down a decision which underscores the importance of complying strictly with the requirements for calling up a construction guarantee. Background Facts A property development company by the name of Hospitality Hotels (Pty) Ltd (“Hospitality”) in 2008 undertook the refurbishment of a hotel. The works included - [Introducing New Additions to Cox Yeats' Insolvency Team](https://coxyeats.co.za/legal-update/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 - [Companies Act - Composing the Board of Directors](https://coxyeats.co.za/legal-update/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 - [Companies Act - Public Interest Score](https://coxyeats.co.za/legal-update/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 - [Sectional Title Arbitrations](https://coxyeats.co.za/legal-update/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 - [JBCC Principal Building Agreement - Clause 29 Extension of Time Claims](https://coxyeats.co.za/legal-update/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 - [Electric Fence System Certificates of Compliance](https://coxyeats.co.za/legal-update/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 - [The Corporate Leniency Policy: Is it Legal?](https://coxyeats.co.za/legal-update/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 - [Loss of Documents in the Master's Office](https://coxyeats.co.za/legal-update/loss-of-documents-in-the-masters-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, - [Ambit of Arbitrator's Jurisdiction](https://coxyeats.co.za/legal-update/ambit-of-arbitrators-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. - [Companies Act - Access to Company Information](https://coxyeats.co.za/legal-update/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, - [Land Reform - Significant Developments](https://coxyeats.co.za/legal-update/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 - [Arbitration Folly](https://coxyeats.co.za/legal-update/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 - [Amendment to Mineral Legislation 2013](https://coxyeats.co.za/legal-update/amendment-to-mineral-legislation-2013/) - This document summarises the changes to mineral legislation which have occurred since the beginning of 2013, which will have an impact on mining related operations. In this report, the Mineral & Petroleum Resources Development Act is referred to as MPRDA, the National Environmental Management Act is referred to as NEMA and the National Environmental Management - [The Amended BEE Codes and Ownership Structures](https://coxyeats.co.za/legal-update/the-amended-bee-codes-and-ownership-structures/) - The amended BEE Codes were published in the Government Gazette of 11 October 2013. They will come into operation within 12 months from the date of publication. The amended Codes will replace the Codes which were published in February 2007. Many companies have been restructured so as to comply with the ownership requirements of the - [Seller's Rights to Claim Interest for Delays in Transfers](https://coxyeats.co.za/legal-update/sellers-rights-to-claim-interest-for-delays-in-transfers/) - Transfers of properties are sometimes delayed as a result of a party failing to do something that party is obliged to do in terms of the sale agreement. Most often the delays are caused by the buyer. Property sale agreements generally have a mora clause which is intended to prevent the buyer from delaying the - [Is Arbitration Compulsory in Sectional Title Disputes](https://coxyeats.co.za/legal-update/is-arbitration-compulsory-in-sectional-title-disputes/) - When a dispute arises between an owner and the Body Corporate in a sectional title scheme, there is often a debate whether the parties are obliged to refer the dispute to arbitration or whether they can approach the courts for relief. The debate arises due to the wording of Management Rule 71, prescribed in terms - [Voetstoots Clauses](https://coxyeats.co.za/legal-update/voetstoots-clauses/) - Defects in a property are often the cause of disputes between buyers and sellers of properties. In the absence of a voetstoots clause in a Sale Agreement, the seller is liable for all latent defects in a property, which result in the buyer not being able to use the property for the purpose it was - [Are Buyers liable for Historical Rates and Utilities](https://coxyeats.co.za/legal-update/are-buyers-liable-for-historical-rates-and-utilities/) - A rates certificate must be lodged in the Deeds Office before a property can be transferred. Most people believe that once the Municipality has issued the rates certificate and the property has been transferred to the buyer, the Municipality cannot claim from the buyer any arrear rates or other unpaid debts which were not claimed - [Companies Act - Personal Finance Interests](https://coxyeats.co.za/legal-update/companies-act-personal-finance-interests/) - This is the first of a few circulars examining directors’ duties under the Companies Act (the Act). Prior to the commencement of the Act and in terms of sections 234 to 238 of the old Companies Act, directors, managers, the managing director and the secretary of a company were obliged to disclose their direct or - [Are Acceleration Clauses Contrary To Public Policy?](https://coxyeats.co.za/legal-update/are-acceleration-clauses-contrary-to-public-policy/) - A court ruling by Cape Town Judge Dennis Davis in the case of Combined Developers v Arun Holdings & Others (6105/2013) [2013] ZAWCHC 132 has raised concern for financial lenders across the country as to the validity of acceleration clauses in loan agreements. Acceleration clauses provide comfort to lenders, affording them the right to call - [New Laws Expected For Use of Temporary Staff](https://coxyeats.co.za/legal-update/new-laws-expected-for-use-of-temporary-staff/) - As we enter 2014, and in an effort to keep our clients appraised of current developments within the industrial legal landscape, the Labour Team has undertaken to supply regular updates to clients, as and when there appears to be a need to do so. Arising from developments at the tail-end of 2013, and at the - [Perseverence Pays or Pay for Perseverance?](https://coxyeats.co.za/legal-update/perseverence-pays-or-pay-for-perseverance/) - Introduction At the beginning of this year the Supreme Court of Appeal ("SCA") dealt with a case involving the challenge to a municipal tender award in Limpopo Province. The award triggered a torturous journey for EsorFranki Pipelines (Pty) Ltd ("EsorFranki"), the aggrieved tenderer who challenged the award. Whilst EsorFranki's efforts and perseverance were eventually crowned - [A Taxing Problem in Procurement](https://coxyeats.co.za/legal-update/a-taxing-problem-in-procurement/) - Introduction Our courts have in their recent pronouncements on public procurement processes started to emphasise the importance of tenderers complying with the tender rules laid down by organs of State. The motivation for this is probably to try and create a more certain climate around procurement and also to try and stem the flood of - [Builders' Lien and Security](https://coxyeats.co.za/legal-update/builders-lien-and-security/) - Introduction Can a builder's lien be substituted with security? In other words, can an employer evict a builder who is exercising a lien over a site by providing security, say in the form of a bank guarantee, to cover the contractor's claim which is the subject matter of the lien? The Supreme Court of Appeal - [The Just and Equitable Principle of Winding Up Solvent Companies](https://coxyeats.co.za/legal-update/the-just-and-equitable-principle-of-winding-up-solvent-companies/) - Introduction This circular will examine the principles relating to the winding up of a solvent company on the basis of what is referred to as the just and equitable principle and in particular reference to a recent decision in the Supreme Court of Appeal in the case of Thunder Cats Investments 92 (Pty) Limited and - [BBBEE - Then and Now](https://coxyeats.co.za/legal-update/bbbee-then-and-now/) - This is the first of a series of circulars examining the development of Broad-Based Black Economic Empowerment (BBBEE) in South Africa. Since its inception, the concept of BBBEE and the legislative framework regulating it have evolved significantly. The purpose of this circular is to provide you with an understanding of the history of BBBEE in - [BBBEE - Revamped](https://coxyeats.co.za/legal-update/bbbee-revamped/) - Government is well under way in implementing its plan to “revamp” Broad-Based Black Economic Empowerment (BEE) in South Africa. The recent developments in BEE law are summarised below. EFFECTIVE DATE FOR BEE AMENDMENT ACT, 46 OF 2013 The Broad-Based Black Economic Empowerment Amendment Act, 46 of 2013 (the Amendment Act) which brings about significant changes - [BBBEE - Fronting](https://coxyeats.co.za/legal-update/bbbee-fronting/) - The Broad-Based Black Economic Empowerment Act 53 of 2003 (2003 Act) together with the generic codes of good practice and the sector codes, provide the legislative framework for Broad-Based Black Economic Empowerment (BEE) in South Africa. The Broad-Based Black Economic Empowerment Amendment Act, 46 of 2013 (the Amendment Act) which brings about significant changes to - [Hybrid Debt Instruments](https://coxyeats.co.za/legal-update/hybrid-debt-instruments/) - WHEN INTEREST BECOMES A DIVIDEND: HYBRID DEBT INSTRUMENTS As of 1 April 2014 the Income Tax Act 58 of 1962 (the Act) was amended to regulate “hybrid debt instruments” more closely. A “hybrid debt instrument” now includes much more than it did before. This circular looks at the revised section 8F and the new section - [Affordability Assessment Mechanisms](https://coxyeats.co.za/legal-update/affordability-assessment-mechanisms/) - AFFORDABILITY ASSESSMENT MECHANISMS TO BE CONSTRAINED From its inception, the National Credit Act 34 of 2005 (NCA) has allowed for credit providers to determine their own evaluative procedures to fulfil affordability assessment obligations. The only restriction is that the assessment must be “fair and objective”. Credit providers are thus granted a wide discretion in the - [Land Reform - Preservation and Development of Agricultural Land or is it a form of Expropriation?](https://coxyeats.co.za/legal-update/land-reform-preservation-and-development-of-agricultural-land-or-is-it-a-form-of-expropriation/) - INTRODUCTION The Subdivision of Agricultural Land Act was passed in 1970 to prevent the subdivision of agricultural land into uneconomic land units. The Act provided that land, which historically fell outside the area of a municipality or town, could not be subdivided without the consent of the Minister of Agriculture. In 1998, Parliament passed a - [Is a Final Payment Certificate Required for Final Payment?](https://coxyeats.co.za/legal-update/is-a-final-payment-certificate-required-for-final-payment/) - Maykent (Pty) Ltd ("the Employer") contracted with Trackstar Trading 20 (Pty) Ltd ("the Contractor") to carry out alterations and additions to the Employer's Kentucky Fried Chicken store in Newtown, Johannesburg. Tertius Rabe Property Services CC was appointed as the Principal Agent. The agreed contract price was approximately R1,3m. The contract period was three months which - [Binding Offers in Business Rescue](https://coxyeats.co.za/legal-update/binding-offers-in-business-rescue/) - The phrase “binding offer” as set out in s153 of the Companies Act, 71 of 2008 (the Act) has led to much confusion and debate since the coming into operation of the Act in 2011, and there have been diverging interpretations of the phrase in different divisions of the High Court . If a business - [Compliance with business rescue provisions, s129](https://coxyeats.co.za/legal-update/compliance-with-business-rescue-provisions-s129/) - During business rescue there is a temporary moratorium on the rights of claimants against a company and its affairs are restructured through the development of a business rescue plan aimed at continuing the company in operation on a solvent basis, or if that is unattainable, leading to a better result for the company's creditors and - [Can The State Invoke A Defence Of “No Budget No Pay”?](https://coxyeats.co.za/legal-update/can-the-state-invoke-a-defence-of-no-budget-no-pay/) - This question was addressed by the Supreme Court of Appeal ("SCA") in a recent case involving the Free State Department of Police, Roads and Transport ("Roads Department"). The case also touched on the interesting question as to whether a subcontractor of the main contractor can take action against an employer to enforce payment of amounts - [Cession of Right to Payment](https://coxyeats.co.za/legal-update/cession-of-right-to-payment/) - INTRODUCTION Financially strapped contractors often have to resort to funding contracts and the purchase of necessary materials by raising money or buying materials on the security of a cession of the right to receive payments from the Employer. The Supreme Court of Appeal ("SCA") in March this year dealt with the validity of such cessions - [Referral To Court Or Counsel For An Opinion In Arbitration Proceedings](https://coxyeats.co.za/legal-update/referral-to-court-or-counsel-for-an-opinion-in-arbitration-proceedings/) - INTRODUCTION The Arbitration Act, 42 of 1965 (“the Act”), contains a provision relating to the referral of questions of law to either the court or an advocate for an opinion, which opinion is final and binding. The relevant section reads as follows: “Statement of case for opinion of Court or counsel during arbitration proceedings (1) - [Protecting acquisitions from hiding gremlins: Warranties and Indemnities – Why and What is the Difference?](https://coxyeats.co.za/legal-update/protecting-acquisitions-from-hiding-gremlins-warranties-and-indemnities-why-and-what-is-the-difference/) - INTRODUCTION The starting point for a buyer in most transactions is the maxim ‘caveat emptor’. Even with the precaution of a thorough due diligence though, it is possible undiscovered gremlins will surface after pen has been put to paper. It is accordingly reasonable for a buyer to seek protection by negotiating appropriate warranties and - [State of the Nation 2017: The legislative landscape for the year ahead](https://coxyeats.co.za/legal-update/state-of-the-nation-2017-the-legislative-landscape-for-the-year-ahead/) - The State of the Nation speech (“SoNA”) by the President of the Republic of South Africa has undoubtedly provided food for thought as well as fodder for debate. It also deserves attention as an important indicator of what changes in law can be anticipated in the coming year. A significant theme running throughout the SoNA - [Metal & Engineering Industries Industrial Relations Developments Update](https://coxyeats.co.za/legal-update/metal-engineering-industries-industrial-relations-developments-update/) - I am pleased to report that Sunil Hansjee from our Labour Team here at Cox yeats attended a seminar on 4 May 2017 hosted by the KwaZulu-Natal Engineering Industries Association (KZNEIA). The feedback that I received follows below. The Metal and Engineering Industry Bargaining Council (MEIBC) is a statutory body duly registered in terms of - [Submission On Possible Wealth Taxes For South Africa](https://coxyeats.co.za/legal-update/submission-on-possible-wealth-taxes-for-south-africa/) - The Davis Tax Committee (DTC) in its first interim report on estate duty recommended that it would not be advantageous to impose an annual wealth tax or similar form of taxation. It is unfortunate that the former Minister of Finance did not accept that recommendation and instead requested the DTC to reconsider the matter. That - [2017 Mining Charter](https://coxyeats.co.za/legal-update/2017-mining-charter/) - In April 2016, the Minister of Mineral Resources (the Minister) published the draft Reviewed Broad Based Black Economic Empowerment Charter (the 2016 Mining Charter) for public comment. The 2016 Mining Charter led to an industry wide outcry as it was produced without consultation. The Minister then undertook to consult with role players in the formulation - [Reporting On Bee Transactions](https://coxyeats.co.za/legal-update/reporting-on-bee-transactions/) - On 9 June 2017, the Department of Trade & Industry published a notice requiring all parties involved in major B-BBEE transactions to register the transaction with the B-BBEE Commission within 15 days of concluding the transaction. In addition, major B-BBEE transactions concluded between 24 October 2014 and 8 June 2017 must be registered within 60 - [Enforcement of Foreign Arbitration Award](https://coxyeats.co.za/legal-update/enforcement-of-foreign-arbitration-award/) - INTRODUCTION In June last year the Johannesburg High Court handed down a judgment relating to an application by a foreigner for the enforcement of a foreign arbitration award granted against a foreign defendant. In other words, all parties concerned were foreigners or in legal terminology peregrini. The case involved a company registered in the United - [The Future of Labour Brokers: Con Court Finally Rules on 26 July 2018](https://coxyeats.co.za/legal-update/the-future-of-labour-brokers-con-court-finally-rules-on-26-july-2018/) - The Future of Labour Brokers: Con Court Finally Rules on 26 July 2018 On 26 July 2018, the Constitutional Court handed down judgment in the matter between Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others (Case number CCT 194/17). This judgment deals with the so-called “deeming provisions” contained in - [Occupancy certificates and leases](https://coxyeats.co.za/legal-update/occupancy-certificates-and-leases/) - OCCUPANCY CERTIFICATES AND LEASES INTRODUCTION The National Building Regulations and Building Standards Act, 103 of 1997, makes provision for the issue of certificates of occupancy in relation to buildings. Once the erection of a building has been completed, the owner must apply to the local authority for the issue of a certificate - [Business Ownership and Why Empowerment Transactions are Necessary](https://coxyeats.co.za/legal-update/business-ownership-and-why-empowerment-transactions-are-necessary/) - INTRODUCTION The implementation of black economic empowerment transactions in South Africa is becoming increasingly necessary for businesses to survive and the legal issues around these transactions are accordingly of considerable importance to many people. What follows is a summary of key features of the applicable legislation, the Broad Based Black Economic Empowerment Act 53 of - [VAT, Transfer Duty and Fixed Property](https://coxyeats.co.za/legal-update/vat-transfer-duty-and-fixed-property/) - Value Added Tax is a tax on the value added by each Vendor in the production chain and is imposed each time a taxable supply of goods or services takes place. Each Vendor is required to account for the Vat on the value added by the Vendor. A Vendor is required to account for output - [Companies Amendment Bill](https://coxyeats.co.za/legal-update/companies-amendment-bill/) - In the recent Companies Amendment Bill (Bill), several material changes to the Companies Act, 2008 (Act) were proposed. This circular discusses the key items. Submissions on the Bill will be accepted up until 20 November 2018 and we are available to make submissions on any aspect on your behalf. ACCESS TO INFORMATION Presently, members - [Expropriation without Compensation](https://coxyeats.co.za/legal-update/expropriation-without-compensation/) - 1. Introduction It is quite clear that the ANC is intent on amending the Constitution to provide for expropriation without compensation. Despite all of the current debate, what exactly is proposed remains uncertain. Ramaphosa’s August letter to the London Financial Times gives some pointers. He stated that, although Section 25 of the Constitution permits, in - [Expropriation without Compensation Presentation](https://coxyeats.co.za/legal-update/expropriation-without-compensation-presentation/) - View presentation - [Mining Charter III](https://coxyeats.co.za/legal-update/mining-charter-iii/) - INTRODUCTION Mining Charter III came into effect on 27 September 2018. It has been generally well received and, this time, is the product of substantial engagement between key stakeholders. Some of the concerning elements of the 2017 Charter have been removed. These include the requirement for existing rights to top up from 26% BEE ownership - [Update on protective writs](https://coxyeats.co.za/legal-update/update-on-protective-writs/) - On 1 February 2019, the Supreme Court of Appeal of South Africa (SCA) delivered a seminal judgment on the topic of protective writs in South African admiralty law. In the majority judgment of the Seaspan Grouse, written by Wallis JA and Schippers JJA, it was held that a maritime claimant who has issued a protective - [Construction Law Bulletin](https://coxyeats.co.za/legal-update/construction-law-bulletin/) - INTRODUCTION The Supreme Court of Appeal described the appellant’s case as unusual, contrived, opportunistic and entirely without merit. The appellant, an attorney, was retained in 2003 by Thales South Africa (Pty) Ltd (“Thales”), the South African subsidiary of a well known French arms manufacturer that had become mired in controversy following the South African arms - [Estate Planning 2019](https://coxyeats.co.za/legal-update/estate-planning-2019/) - As at the 1st March 2019 the relevant rates of tax are as follows: Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 000.00. Estate duty is - [The art of exclusion](https://coxyeats.co.za/legal-update/the-art-of-exclusion/) - On 14 March 2019, in Centriq Insurance Company Limited v Oosthuizen & Another (237/2018) [2019] ZASCA 11, the Supreme Court of Appeal (“SCA”) delivered judgment in an appeal from the Free State Division of the High Court concerning the interpretation of a professional indemnity insurance policy underwritten by Centriq Insurance Company Ltd (“Centriq”). The policy - [SADC Tribunal – Toothless Wonder](https://coxyeats.co.za/legal-update/sadc-tribunal-toothless-wonder/) - THE SADC TRIBUNAL: FORMER PRESIDENT’S TOOTHLESS WONDER, ALMOST. The Constitutional Court was again called upon to pronounce on the constitutionality of the conduct of the former President Jacob Zuma and has again found against him. The case arises from the former President’s negotiation and signing of the 2014 Protocol on the Tribunal in the Southern - [The unlucky purchase](https://coxyeats.co.za/legal-update/the-unlucky-purchase/) - In 2011 the Passenger Rail Agency of South Africa (“PRASA”) decided that the time had come to replace a large number of its outdated locomotives. Mr B Mtimkulu, the then Executive Manager: Engineering Services of PRASA, submitted a memorandum to the then Group Chief Executive Officer of PRASA, Mr Lucky Montana, recommending that PRASA source - [Estate Planning 2020](https://coxyeats.co.za/legal-update/estate-planning-2020/) - As at the 1st March 2020 the relevant rates of tax are as follows: Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 - [The demise of Trusts?](https://coxyeats.co.za/legal-update/the-demise-of-trusts/) - For many years Trusts provided a useful tool for estate planning. This is spelt out in my memorandum which is also one of my listed publications. The primary benefit of a Trust is to allow continuity of investments for a family and to separate control from ownership. Most existing Trusts still provide benefits although some - [Awards must achieve finality](https://coxyeats.co.za/legal-update/awards-must-achieve-finality/) - INTRODUCTION In late 2019 the Supreme Court of Appeal (“SCA”) was called upon to deal with the question as to whether an arbitration award was unenforceable for want of having achieved finality in relation to the issues referred to arbitration. The arbitration arose out of a dispute between shareholders in a company. The shareholders agreement - [Contractor escapes CIDB sanction](https://coxyeats.co.za/legal-update/contractor-escapes-cidb-sanction/) - INTRODUCTION The Construction Industry Development Board (“the Board”) was established in terms of the Construction Industry Development Board Act, 38 of 2000 (“the Act”). The Board has the obligation to promote uniform and ethical standards in the construction industry and to publish a Code of Conduct (“the Code”) for all construction related procurement and - [Exchange Control Note](https://coxyeats.co.za/legal-update/exchange-control-note/) - A. INTRODUCTION The Minister of Finance announced further Exchange Control reforms during his 2020 Medium Term Budget Policy Statement on 28 October 2020. The Financial Surveillance Department of the South African Reserve Bank issued two Exchange Control Circulars on 29 October 2020, dealing with the following reforms outlined below. B. NEW EXCHANGE CONTROL CIRCULARS 1. - [The impact of resignation with immediate effect on pending disciplinary action](https://coxyeats.co.za/legal-update/the-impact-of-resignation-with-immediate-effect-on-pending-disciplinary-action/) - On 10 December 2020 the Labour Appeal Court in Standard Bank of South Limited v Nombulelo Cynthia Chiloane handed down Judgment in terms of which the LAC had to consider the right of an employer to continue with disciplinary action against an employee within the employee’s notice period where the employee resigned with immediate effect. - [Liability of freight forwarders and others for theft perpetrated by employees](https://coxyeats.co.za/legal-update/liability-of-freight-forwarders-and-others-for-theft-perpetrated-by-employees/) - In the shipping and logistics industry one of the greatest risks of loss in respect of goods is theft during transit or warehousing incidental to transit. In regard to freight forwarders, warehousemen, bailees and road hauliers, there is a risk that their employees may perpetrate, or be complicit in, the theft of goods in their - [Basic Conditions of Employment Act – Earnings threshold increase](https://coxyeats.co.za/legal-update/basic-conditions-of-employment-act-earnings-threshold-increase/) - The Minister of Employment and Labour, Thembelani Waltermade Nxesi, on 8 February 2021 published a notice in Government Gazette Number: 44137. Notice No: 77 which provides for an increase in the earnings threshold as set out in section 6 of the Basic Conditions of Employment Act 75 of 1997 (BCEA). Effective from 1 March - [I Do… or I Don’t – it depends on who is asking](https://coxyeats.co.za/legal-update/i-do-or-i-dont-it-depends-on-who-is-asking/) - Are you married? It is a question we are routinely asked and seems simple enough. But two judgments coming out of the Supreme Court of Appeal of South Africa late last year have added a level of complexity to the simple question. The two cases involve marriages that took place in accordance with the - [Employees right to participate in protest action to promote or defend socio-economic interests](https://coxyeats.co.za/legal-update/employees-right-to-participate-in-protest-action-to-promote-or-defend-socio-economic-interests/) - The global pandemic has adversely affected the socio-economic climate and many businesses are facing the harsh reality of retrenchments and closure. Employees are also facing some harsh realities such as job losses and the rise in the cost of living. Employees are entitled to express their dissatisfaction with the current socio-economic climate and the - [To support or not to support](https://coxyeats.co.za/legal-update/to-support-or-not-to-support/) - INTRODUCTION What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant right to lateral support in favour of neighbouring properties. There was until last year some confusion as to the exact scope - [Estate Planning 2021](https://coxyeats.co.za/legal-update/estate-planning-2021/) - As at 1 March 2021 the relevant rates of tax are as follows: Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 000.00. - [BEE Structures and Trusts](https://coxyeats.co.za/legal-update/bee-structures-and-trusts/) - Many BEE ownership structures have utilised trusts as the vehicle for the ownership of equity in a company. These trust ownership structures have included broad based employee share ownership programmes, community trusts and charitable trusts. A great deal of good has been achieved by these organisations. These broad-based ownership structures have distributed significant sums to - [Competition Commission and BEE](https://coxyeats.co.za/legal-update/competition-commission-and-bee/) - The Competition Act (the Act) was introduced in 1998 and required all large mergers to be assessed as to whether the merger was likely to prevent or lessen competition. Initially, very few mergers were prohibited on competition grounds but, in recent years, the Competition Commission (the Commission) has become much more active. In 2018, the - [The Land Question](https://coxyeats.co.za/legal-update/the-land-question/) - The Freedom Charter was adopted by the Congress of the People in Kliptown in June 1955. It was, of course, a different time but the statements made on land remain important. The Charter stated that: “Restrictions on land ownership on a racial basis shall be ended, and all the land redivided amongst those who work - [Sasria Insurance Cover](https://coxyeats.co.za/legal-update/sasria-insurance-cover/) - The surge of civil unrest and public disorder in Gauteng and Kwazulu-Natal since Monday 12 July 2021, and the consequent destruction of property, has brought the issue of Sasria (South African Special Risks Insurance Association) insurance cover sharply into focus. Emergence of Sasria In 1979, and in response to increased incidents of damage to property arising out - [Expropriation and Public Trust](https://coxyeats.co.za/legal-update/expropriation-and-public-trust/) - The final Constitution of 1996 brought about a compromise between the protection of private property and the need to achieve fundamental land reform. Section 25 of the Constitution protects the ownership of private property and provides that property may only be expropriated for a public purpose or in the public interest and the amount of compensation must be - [Can an Unsuccessful Tenderer Claim Damages](https://coxyeats.co.za/legal-update/can-an-unsuccessful-tenderer-claim-damages/) - CAN AN UNSUCCESSFUL TENDERER CLAIM DAMAGES FOR LOSS OF PROFITS? The Supreme Court of Appeal had to recently consider whether an unsuccessful tenderer could claim damages for loss of profits as a result of an Organ of State’s breach of its constitutional duties. The tender concerned the award of a contract to a joint venture in - [PAIA Manual](https://coxyeats.co.za/legal-update/paia-manual/) - Our Manual in terms of Section 51 of the Promotion of Access to Information Act PREAMBLE The Promotion of Access to Information Act (Act 2 of 2000) ("the Act") came into operation on 23 November 2001. Section 51 of this Act requires that we as a private body compile a manual giving information - [Challenge to 2018 Mining Charter](https://coxyeats.co.za/legal-update/challenge-to-2018-mining-charter/) - On 21 September 2021, the High Court, Pretoria, set aside various provisions of the 2018 Mining Charter (the Charter) following a review application brought by the Minerals Council of South Africa. The Court confirmed that the Charter is a policy document and is not legislation. It applies only when a decision is to be made - [Publication of Draft Preferential Procurement Regulations 2022 for Public Comment](https://coxyeats.co.za/legal-update/publication-of-draft-preferential-procurement-regulations-2022-for-public-comment/) - On Wednesday, 16 February 2022, the Constitutional Court handed down judgment in the Minister of Finance’s Appeal against the judgment handed down by the Supreme Court of Appeal (See: Afribusiness NPC v the Minister of Finance [2020] ZASCA 140 ) (the Supreme Court decision). The Supreme Court decision concluded that the Minister of Finance exceeded - [Creditors’ claims in business rescue and subsequent liquidation: where do they rank?](https://coxyeats.co.za/legal-update/creditors-claims-in-business-rescue-and-subsequent-liquidation-where-do-they-rank/) - “The only man who sticks closer to you in adversity than a friend is a creditor.” Unknown The ranking of creditors’ claims during business rescue is, to a creditor, one of the most important aspects of business rescue. This is dealt with by the Companies’ Act, No. 71 of 2008 (“the Companies Act”) and has - [Expropriation Bill](https://coxyeats.co.za/legal-update/expropriation-bill/) - The Expropriation Bill was finally passed by the National Assembly on Wednesday, 28 September 2022. The first version of the Bill was withdrawn in 2008 when the Parliamentary legal advisors concluded that it was unconstitutional for its exclusion of recourse to courts. The next version of the Bill was tabled in 2015 and passed in - [Small Merger Notifications](https://coxyeats.co.za/legal-update/small-merger-notifications/) - In the Government Gazette of 14 October 2022, the Competition Commission (the Commission) amended its guideline on small merger notifications (the Guideline). The Guideline comes into effect on 1 December 2022. The Competition Act distinguishes between a small merger, an intermediate merger and a large merger. Large and intermediate merger transactions require mandatory notification and - [Procurement Law Heading into 2023](https://coxyeats.co.za/legal-update/procurement-law-heading-into-2023/) - INTRODUCTION In 2020, the Preferential Procurement Regulations, 2017 (the "2017 Regulations) gazetted in accordance with section 5 of the Preferential Procurement Policy Framework Act No. 5 of 2000 (the Act) came under scrutiny and were found to be unconstitutional by the Supreme Court of Appeal. That Court’s decision was taken on appeal to the Constitutional - [Is an exclusion of liability clause in a contract against public policy?](https://coxyeats.co.za/legal-update/is-an-exclusion-of-liability-clause-in-a-contract-against-public-policy/) - The Constitutional Court considered this and delivered a split decision on the debate. Can public policy considerations exclude the enforceability of an exclusion of liability clause? The Constitutional Court, by a narrow majority, says no in this case. On 28 June 2023, the Constitutional Court handed down judgment in the matter of Fujitsu - [Considering liquidation and re-issued negative certificates in state construction contracts](https://coxyeats.co.za/legal-update/considering-liquidation-and-re-issued-negative-certificates-in-state-construction-contracts/) - In a recent decision, the Supreme Court of Appeal (SCA) considered the complexities surrounding liquidation, adjudication and payment certificate issues in government construction contracts. Is an adjudicator's decision enforceable if a party disputes the ruling and wishes to proceed to arbitration? And what is the situation where the other party is in liquidation – do - [Court clamps down on the abuse of business rescue proceedings as a stratagem to avoid winding-up proceedings](https://coxyeats.co.za/legal-update/court-clamps-down-on-the-abuse-of-business-rescue-proceedings-as-a-stratagem-to-avoid-winding-up-proceedings/) - Business rescue proceedings are a mechanism to facilitate the rehabilitation of a company that is financially distressed. Such proceedings are primarily aimed at restoring a company to solvency that should not be abused by a company with no prospects of being rescued to avoid a winding-up or to obtain some respite from creditors. Cox Yeats - [Can a state entity avoid paying a contractor where their appointment is challenged?](https://coxyeats.co.za/legal-update/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 - [YOUR CONTRACT WITH GOVERNMENT WASN’T BUDGETED FOR, NOW WHAT?](https://coxyeats.co.za/legal-update/your-contract-with-government-wasnt-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 - [Are we heading towards an uninsurable market? Impact of the LA wildfires on the insurance industry](https://coxyeats.co.za/legal-update/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 - [Demanding security for costs against Close Corporations (in liquidation): A delicate balancing act](https://coxyeats.co.za/legal-update/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 - [ICLG Mergers & Acquisitions 2025 - Key Legal Insights on South Africa’s M&A Landscape](https://coxyeats.co.za/legal-update/iclg-mergers-acquisitions-2025-key-legal-insights-on-south-africas-ma-landscape/) - Mergers and acquisitions continue to shape South Africa’s corporate landscape, with businesses navigating an evolving regulatory framework, competition laws, and sector-specific compliance requirements. Understanding these complexities is crucial for successful deal execution and risk management. Cox Yeats is proud to contribute to the latest ICLG Mergers & Acquisitions 2025 guide, providing insights into South Africa’s - [Recognition of foreign insolvency proceedings. How do we proceed?](https://coxyeats.co.za/legal-update/recognition-of-foreign-insolvency-proceedings-how-do-we-proceed/) - In a case decided by Acting Judge De Wet (De Wet AJ), the South African courts faced the question of recognising a foreign trustee's authority in cross-border insolvency matters. This was unpacked in Wagner N.O v Gijsbers N.O and Others (20876/19) [2024] ZAWCHC 155. This complex matter revolved around the interplay of international comity, convenience, - [A new dawn on the horizon for post commencement finance](https://coxyeats.co.za/legal-update/a-new-dawn-on-the-horizon-for-post-commencement-finance/) - In Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (1157/2023) [2025] ZASCA 5 (29 January 2025), the Supreme Court of Appeal (SCA) ruled that post- commencement creditors, as stakeholders, are entitled to equal protection under section 7(k) of the Companies Act (Act) and, as such, have the right to vote on - [State Tenders and Unlawful Disqualifications: What Contractors Must Know](https://coxyeats.co.za/legal-update/state-tenders-and-unlawful-disqualifications-what-contractors-must-know/) - Public sector projects often represent significant opportunities for contractors across the country. Whether in infrastructure, transport, or housing, state tenders continue to shape much of the construction and engineering landscape in South Africa. But with those opportunities come risks, particularly when the procurement process is flawed, or a contractor is unfairly excluded. It is - [Clarifying the Autonomy of On-Demand Guarantees: Lessons from Set Square v Power Guarantees](https://coxyeats.co.za/legal-update/clarifying-the-autonomy-of-on-demand-guarantees-lessons-from-set-square-v-power-guarantees/) - Set Square Developments (Pty) Ltd v Power Guarantees (Pty) Ltd and Another and a related matter (099/2023 and 150/24) [2025] ZASCA 64 (20 May 2025) An unfortunate recurring theme in construction industry news is that of contractors/subcontractors being placed in business rescue or liquidation. To safeguard against the associated financial risks and minimise potential financial - [Construction & Engineering Laws and Regulations South Africa 2025](https://coxyeats.co.za/legal-update/construction-engineering-laws-and-regulations-south-africa-2025/) - Peter Barnard, Claudelle Pretorius, and Chantal Mitchell have co-authored the South Africa chapter in the latest edition of the International Comparative Legal Guide – Construction & Engineering Law 2025. The guide provides a comparative analysis of construction and engineering laws across multiple jurisdictions, with the South African chapter offering insight into: The standard forms of - [The Sum of Scattered Parts: What Constitutes the Contract of Insurance?](https://coxyeats.co.za/legal-update/the-sum-of-scattered-parts-what-constitutes-the-contract-of-insurance/) - AIG South Africa Limited and Others v Azrapart (Pty) Ltd and Another (898/2024) [2025] ZASCA 172 Azrapart (Pty) Ltd and Accelerate Property Fund Limited, the plaintiffs in the litigation, were co-owners of the Fourways Shopping Mall in Sandton. As a result of the Covid-19 pandemic in 2020, the plaintiffs and their tenants experienced disruptions to - [Authorising transactions: Why directors can’t afford to get it wrong](https://coxyeats.co.za/legal-update/authorising-transactions-why-directors-cant-afford-to-get-it-wrong/) - In the corporate world, the way transactions are authorised is not mere red tape; it is the cornerstone of accountability, transparency, and compliance. Yet, in South Africa, many boards and shareholders treat it as an afterthought. The consequences of getting it wrong can be devastating, including invalidating transactions, personal liability for directors, and crippling shareholder - [Proposed Increase to Merger Notification Thresholds](https://coxyeats.co.za/legal-update/proposed-increase-to-merger-notification-thresholds/) - The Minister of Trade, Industry and Competition has published draft amendments to the Determination of Merger Thresholds under section 11 of the Competition Act, which envisions an increase in merger notification thresholds and merger filing fees. The method of calculating turnover and asset values remains unchanged. Under the draft amendments, an intermediate merger will be - [Failed Municipalities and the Courts](https://coxyeats.co.za/legal-update/failed-municipalities-and-the-courts/) - South Africa’s municipalities are facing significant challenges, with many underperforming in governance, financial management and service delivery. The Auditor-General’s report indicates that only 16% of municipalities obtained clean audits, with many facing total collapse. In 2025, as stated by Auditor-General Tsakani Maluleke: “Our municipalities are at a breaking point. The continued failure to implement our - [Building Through Uncertainty: Why Force Majeure and Escalation Clauses Are Critical in Today’s Construction Contracts](https://coxyeats.co.za/legal-update/building-through-uncertainty-why-force-majeure-and-escalation-clauses-are-critical-in-todays-construction-contracts/) - The global construction industry is susceptible to disruptions in the supply chain and price volatility. Recent geopolitical tensions and armed conflict in the Middle East have raised concerns about disruptions to global trade routes, energy supplies, and the availability of materials. For contractors, developers, and project owners, geopolitical conflicts highlight the growing importance of carefully - [When is an adjudicator’s decision unenforceable?](https://coxyeats.co.za/legal-update/when-is-an-adjudicators-decision-unenforceable/) - INTRODUCTION Adjudication is a dispute resolution process created by contract in many modern standard form construction contracts. A common feature of adjudication clauses is that an adjudicator’s decision is binding on the parties, albeit not final, unless neither party gives a notice of dissatisfaction in relation to the decision within a stipulated time - [Sequel to enforceability of adjudicators’ decisions](https://coxyeats.co.za/legal-update/sequel-to-enforceability-of-adjudicators-decisions/) - INTRODUCTION The Bulletin last week entitled “When is an Adjudicator’s Decision Unenforceable?” dealt with the decision of the Gauteng High Court in the Framatome case handed down on 30 September 2020. That decision was taken on appeal to the Supreme Court of Appeal in Bloemfontein (SCA) which has just handed down judgment. - [Estate Planning 2022](https://coxyeats.co.za/legal-update/estate-planning-2022/) - As at the 1st March 2022 the relevant rates of tax are as follows: Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 - [A short summary of the Exchange Control Circulars issued by the Financial Surveillance Department on 23 February 2022](https://coxyeats.co.za/legal-update/a-short-summary-of-the-exchange-control-circulars-issued-by-the-financial-surveillance-department-on-23-february-2022/) - 1. Introduction 1.1 With reference to the February 2022 Budget Speech of the Minister of Finance, wherein further exchange control reforms were announced in Annexure F of the Budget Review, the Financial Surveillance Department issued the undermentioned Exchange Control Circulars to amend the Currency and Exchanges Manual for Authorised Dealers in foreign exchange. 2. Short - [Agreement to arbitrate](https://coxyeats.co.za/legal-update/agreement-to-arbitrate/) - INTRODUCTION The resolution of disputes by means of arbitration requires that there be an agreement between the disputing parties to that effect. Absent agreement, the default mechanism for resolving disputes is by means of legal proceedings. What happens if there is a dispute about the existence of the arbitration agreement that one of - [Electricity Generation licencing exemptions](https://coxyeats.co.za/legal-update/electricity-generation-licencing-exemptions/) - President Ramaphosa announced in his address of 25 July 2022 that in order to end loadshedding it was urgently necessary to add more capacity to the grid. This would be achieved by accelerating greater private investment in generation capacity. In 2021 the licencing threshold was increased to 100MW. Following the success of this reform and - [Adjudication: Disputes over Validity of a Contract Termination](https://coxyeats.co.za/legal-update/adjudication-disputes-over-validity-of-a-contract-termination/) - INTRODUCTION In a recent adjudication where the adjudicator was a very senior retired judge, the question arose as to whether a dispute relating to the termination of a JBCC contract was susceptible to adjudication and whether the adjudicator had the power to make a binding order on that issue. These questions arose for - [Can an unsuccessful tenderer claim damages from the state – The final word!](https://coxyeats.co.za/legal-update/can-an-unsuccessful-tenderer-claim-damages-from-the-state-the-final-word/) - The Constitutional Court handed down judgment on 30 November 2022 in answer to this question. In a unanimous judgment, the Constitutional Court had to consider whether a tenderer, deprived of success in a tender by the State’s intentional misconduct, could claim damages in delict for loss of profit. The appeal to the Constitutional - [Trustees have new duties](https://coxyeats.co.za/legal-update/trustees-have-new-duties/) - INTRODUCTION On 29 December 2022 the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, No 22 of 2022, was published by the Presidency. The Act, no doubt designed to encourage the Financial Action Task Force not to place South Africa on the grey list, inter alia introduces amendments to the Trust - [Estate Planning 2023](https://coxyeats.co.za/legal-update/estate-planning-2023/) - As at the 1st March 2023 the relevant rates of tax are as follows: Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 - [Sidestepping an Arbitration Agreement](https://coxyeats.co.za/legal-update/sidestepping-an-arbitration-agreement/) - INTRODUCTION Arbitration is an alternative private dispute resolution process which is governed by the Arbitration Act, 42 of 1965 (“the Act”). If a party to a contract, which includes an agreement to arbitrate disputes, institutes legal proceedings, the Act provides that the other party may apply to court for the legal proceedings to - [Trustees have new duties: Update](https://coxyeats.co.za/legal-update/trustees-have-new-duties-update/) - INTRODUCTION In our February 2023 circular dealing with amendments to the Trust Property Control Act, 1988, we recorded that, whilst most of the amendments would come into force on 1 April 2023, no commencement date was mentioned in respect of certain of the amendments. The amendments for which no commencement date had been - [Is charging interest really worth it?](https://coxyeats.co.za/legal-update/is-charging-interest-really-worth-it/) - Generally, where the payment of money is deferred and interest, a fee or another charge has been raised, one should consider whether the provisions of the National Credit Act, 2005 (the NCA) would apply to that transaction. Over the years parties have been able to avoid the application of the NCA by structuring transactions so - [Extra caution is required when transacting with government in immovable property transactions](https://coxyeats.co.za/legal-update/extra-caution-is-required-when-transacting-with-government-in-immovable-property-transactions/) - INTRODUCTION Transacting with immovable property in South Africa can be legally complex and precarious. This is especially true for landowners who seek to sell their property, through a written agreement of sale, to any municipality in South Africa. The recent decision of the Supreme Court of Appeal (SCA) in the matter of Merifon (Pty) Ltd - [Cybercrime: Checks and balances or be held liable](https://coxyeats.co.za/legal-update/cybercrime-checks-and-balances-or-be-held-liable/) - INTRODUCTION Communication in transactions routinely takes place by way of e-mail. It is common for e-mails to be “hacked” by fraudsters. Fraudsters then mislead the person transferring money into believing that the transfer of funds into the fraudster’s bank account is in accordance with the agreement between the transacting parties, this is more commonly - [Climate Change – The Opportunity for South Africa](https://coxyeats.co.za/legal-update/climate-change-the-opportunity-for-south-africa/) - In a keynote address at Daily Maverick’s First Earth Edition of The Gathering, held in Cape Town on 26 May 2023, former Eskom CEO, Andre de Ruyter, spoke about the opportunities to our economy in embracing climate change. He stated that “… this is a huge opportunity, but it requires us to have a coherent policy environment, we - [National Health Insurance Bill](https://coxyeats.co.za/legal-update/national-health-insurance-bill/) - Records indicate that almost 85% of South Africans depend on the public health care system. Back in 2019/2020, the National Department of Health estimated that the spend on public health care was about R220 billion with R250 billion being spent on private health care which services about 15% of South Africans. The disparity between the - [Liberalisation of the Energy Sector](https://coxyeats.co.za/legal-update/liberalisation-of-the-energy-sector/) - The last leg to the liberalisation of the Energy Sector so as to allow for private sector participation, is contained in the Electricity Regulation Amendment Bill (the Bill) which has been published by the Portfolio Committee on Mineral Resources and Energy, and on which written comments need to be submitted by 13 October 2023. Submissions need to - [COP28 and Climate Change](https://coxyeats.co.za/legal-update/cop28-and-climate-change/) - The 28th United Nations Climate Change Conference, more commonly referred to as COP28, will be held in Dubai from 28 November until 12 December 2023. At COP21, in 2015, the world agreed (the Paris Agreement) to limit global warning to 1.5 degrees Celsius, compared to pre-industrial levels, by 2050. To remain on target, science tells us that emissions - [Duty to Supervise](https://coxyeats.co.za/legal-update/duty-to-supervise/) - INTRODUCTION What is the ambit of the Employer’s Agent’s (“EA”) duty to supervise the execution of construction works and what are the consequences of a failure to do so properly? The extent of the duty will be set out in the relevant contract which must be one’s first port of call in addressing - [Mergers and Public Interest Guidelines](https://coxyeats.co.za/legal-update/mergers-and-public-interest-guidelines/) - Since 1998, the Competition Act (the Act) has regulated merger activity. Large mergers need to be assessed and approved by the Competition Commission (the Commission) before they can be implemented. Until February 2019, mergers were assessed only on their impact on competition. This all changed in February 2019 when the Act was amended to state that the - [Water Rights and Transformation](https://coxyeats.co.za/legal-update/water-rights-and-transformation/) - The battle for the control and ownership of water rights appears to be heating up. The call for expropriation of land without compensation was a theme of the 2019 elections. Is the reallocation of water rights on racial lines going to be a theme for the 2024 elections? It is important to understand the context. The - [Integrated Resource Plan 2023](https://coxyeats.co.za/legal-update/integrated-resource-plan-2023/) - PWC has estimated that the impact of load shedding on GDP is up to 5 percentage points. This implies that our economy should have grown by close to 7% in 2022 and 6% in 2023. South Africa has also committed to a low-carbon climate economy and society and part of this has been the JUST - [Challenging an arbitration award on the grounds of serious irregularity – Lessons from the UK](https://coxyeats.co.za/legal-update/challenging-an-arbitration-award-on-the-grounds-of-serious-irregularity-lessons-from-the-uk/) - INTRODUCTION This tale is about two Irish businessmen who came ever so close to striking it very rich in Nigeria. Mr Michael Quinn and Mr Brendan Cahill had operated various businesses through various entities and guises since 1992 in the morally and ethically fluid economic landscape of Nigeria. They had on a number of occasions - [Are Municipal officials personally liable for unauthorised or irregular expenditure?](https://coxyeats.co.za/legal-update/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). - [Cybercrime on the Rise: Insights and Progress in Africa's Fight Against Digital Threats](https://coxyeats.co.za/legal-update/cybercrime-on-the-rise-insights-and-progress-in-africas-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 - [Legal Duties and Lessons from Business Email Compromise Scams](https://coxyeats.co.za/legal-update/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% - [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](https://coxyeats.co.za/legal-update/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. - [BEE conflicts of interest: director’s conduct and the Dimension Data case](https://coxyeats.co.za/legal-update/bee-conflicts-of-interest-directors-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 - [ACCOUNTABILITY AT LAST](https://coxyeats.co.za/legal-update/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 - [Clarification of "Slip and Trip" Defence](https://coxyeats.co.za/legal-update/clarification-of-slip-and-trip-defence/) - 1. Over the past two years, there has been a deluge of case law pertaining to liability arising from “slip and trip” incidents. 2. In the most recent decision of Morrison v MSA Devco (Pty) Ltd (5229/2018) [2025] ZAWCHC 21 (30 January 2025), the Western Cape High Court explained the following: “[75] In casu, the - [JOINT OR COMPOSITE COVER UNDER A POLICY?](https://coxyeats.co.za/legal-update/joint-or-composite-cover-under-a-policy/) - In the recent Supreme Court of Appeal decision of AIG South Africa Limited v 43 Air School Holdings (Pty) Ltd and Others [2024] ZAS CA 97, the Supreme Court of Appeal had to determine, as one of the issues before it, whether multiple insureds all enjoyed cover under a single policy arising from a claim - [Trying to Work-Around Time Bars](https://coxyeats.co.za/legal-update/trying-to-work-around-time-bars/) - On 17 January 2025, the Supreme Court of Appeal (SCA) handed down judgment in Kidrogen RF (Pty) Ltd v Erasmus & Others (815/2023) [2025] ZASCA. The case involved a shareholding dispute between Kidrogen RF (Pty) Ltd (Kidrogen) and two shareholders, Mr Erasmus and Mr Ncube. Kidrogen concluded Share Sale Agreements (the agreements) with Mr Erasmus - [Customs and Excise](https://coxyeats.co.za/legal-update/customs-and-excise/) - The Pretoria division of the High Court on 14 February 2025 delivered judgment in Woods Warehousing (Pty) Ltd v Commissioner for the South African Revenue Services and Others. The judgment is of interest to licensees of customs and excise warehouses and addresses the release of goods to removers of goods in bond. Woods, the applicant, - [Will compulsory mediation in disputes benefit the insurance industry?](https://coxyeats.co.za/legal-update/will-compulsory-mediation-in-disputes-benefit-the-insurance-industry/) - We have fielded a number of queries from various Insurers regarding the draft Directive, circulated by the office of the Judge President of the Gauteng Division of the High Court of South Africa, introducing obligatory mediation in the Gauteng Division of the High Court and the impact it may have on the industry. The draft - [ConCourt Clarifies Review vs Appeal in SARS Tariff Disputes](https://coxyeats.co.za/legal-update/concourt-clarifies-review-vs-appeal-in-sars-tariff-disputes/) - The Constitutional Court in Commissioner for the South African Revenue Service and Another v Richards Bay Coal Terminal (Pty) Ltd considered whether, in a challenge to a tariff determination in terms of the Customs and Excise Act (CEA): a taxpayer is limited to a so-called “wide appeal” under section 47(9)(e) of the CEA; and if - [Legal Privilege and Survey Reports](https://coxyeats.co.za/legal-update/legal-privilege-and-survey-reports/) - The Supreme Court Appeal of South Africa (SCA) recently delivered a seminal judgment on the issue of legal privilege which is likely to have ramifications in respect of the circumstances in which insurers may be entitled to claim privilege over survey reports. Ibex RSA HoldCo The case in question is Ibex RSA HoldCo Limited - [Primacy of Arbitration Affirmed](https://coxyeats.co.za/legal-update/primacy-of-arbitration-affirmed/) - INTRODUCTION The Supreme Court of Appeal (SCA) has recently reaffirmed the binding nature of arbitration clauses in commercial contracts.[1] BACKGROUND In September 2017, Kalagadi Manganese (Pty) Ltd (Kalagadi) entered into a series of agreements with the Industrial Development Corporation (IDC) and the African Development Bank (AfDB), which included a loan agreement in terms of which - [Prescription: When is a Debt 'Subjected to Arbitration'?](https://coxyeats.co.za/legal-update/prescription-when-is-a-debt-subjected-to-arbitration/) - INTRODUCTION Arbitration clauses are a common feature in construction and engineering contracts in South Africa. In the context of prescription, the existence of an arbitration clause and the timing of a dispute being “subjected to arbitration” can have critical implications for whether a claim remains enforceable. Section 13(1)(f) of the Prescription Act 68 of 1969 - [Critical Minerals and the 2025 Mining Bill](https://coxyeats.co.za/legal-update/critical-minerals-and-the-2025-mining-bill/) - Since the 1990s, South Africa has moved from the world’s number 1 mining jurisdiction to being among the top 10 worst places for mining companies to operate. Our mining production has declined compared to Australia, which also has abundant supplies of minerals, and whose mining production is now three times higher. What is - [BEE and the Economy](https://coxyeats.co.za/legal-update/bee-and-the-economy/) - Introduction Since the 1990s, broad-based black economic empowerment (BEE) has been a major policy initiative so as to redress the imbalances created by apartheid. Some 30 years on, the debate has now shifted. Politicians are questioning whether BEE has worked, whether it should enter a new phase and whether our focus should move - [Can citizens take action against the State to maintain critical infrastructure?](https://coxyeats.co.za/legal-update/can-citizens-take-action-against-the-state-to-maintain-critical-infrastructure/) - We see more and more critical infrastructure failures and deterioration, both within local and metropolitan Municipalities. Raw sewerage in the streets is a common sight, potholes prevail, and stormwater drainage fails repeatedly. It is commonplace that despite residents paying rates and making multiple complaints to authorities, the situation does not improve. Citizens have various constitutional - [Subrogation in South African Law: Quo Vadis?](https://coxyeats.co.za/legal-update/subrogation-in-south-african-law-quo-vadis/) - Subrogation is a pivotal concept in South African insurance law, with well-established roots. Its history in our law is founded in English law principles, infused with Roman-Dutch law, in particular the rules of the lex mercatoria. Subrogation is underpinned by sound commercial and legal considerations that should not lightly be interfered with. Recent Developments in - [Tax Treatment on Preference Shares](https://coxyeats.co.za/legal-update/tax-treatment-on-preference-shares/) - On 16 August 2025, the National Treasury published the 2025 Draft Taxation Laws Amendment Bill, which proposes to revise the rules applicable to preference shares. Comments on the draft legislation must be made by 12 September 2025. If the draft is brought into effect, it will become applicable from 1 January 2026. Our Companies Act - [Joint Ventures in Construction and Infrastructure Projects: Balancing Opportunity and Risk](https://coxyeats.co.za/legal-update/joint-ventures-in-construction-and-infrastructure-projects-balancing-opportunity-and-risk/) - Joint ventures have become a defining feature of the construction and mining landscape in South Africa. They are used by contractors to pool skills, resources and capital in order to secure and deliver large projects that may be out of reach for a single contractor. At their core, joint ventures are a means of cooperation. - [Municipal Water Delivery: Operation Vulindlela Phase 2](https://coxyeats.co.za/legal-update/municipal-water-delivery-operation-vulindlela-phase-2/) - Introduction Operation Vulindlela was introduced by the Government to remove obstacles holding back economic growth. Phase 2, announced in May, seeks to address the problem of municipal dysfunction and infrastructure collapse. A key focus of Phase 2 of Operation Vulindlela is to achieve water infrastructure reform, which aims to: a. address the root causes of - [Can a JBCC contract be cancelled where there is no Principal Agent?](https://coxyeats.co.za/legal-update/can-a-jbcc-contract-be-cancelled-where-there-is-no-principal-agent/) - The JBCC Contract requires the appointment of a Principal Agent, who acts as the employer’s representative and plays a key role in issuing contract instructions, certifying payment certificates, and adjudicating the contractor’s claims. The contract cannot operate as intended without an independent Principal Agent to fulfil this role. It is neither advisable nor permissible for - [No time like the present - when can consultants charge time-based fees?](https://coxyeats.co.za/legal-update/no-time-like-the-present-when-can-consultants-charge-time-based-fees/) - Projects often run into delays. A common question that arises is whether consultants/professionals can claim additional fees due to the period of delay. Often, consultants agree to a value-based fee, meaning that the amounts they can charge are linked to the overall value of the work. In circumstances of delay, consultants often feel that they - [Is a contractor’s capacity a relevant factor to exclude their bid](https://coxyeats.co.za/legal-update/is-a-contractors-capacity-a-relevant-factor-to-exclude-their-bid/) - It frequently happens that contractors may be working on a number of projects, which may limit their organisation’s capacity, either financially or in terms of its manpower, etc., to execute further works. It is also common that a particular employer may issue a number of projects simultaneously and may look to then provide varied work - [Arbitration Bulletin | Sidestepping an Arbitration Agreement: Take Two](https://coxyeats.co.za/legal-update/arbitration-bulletin-sidestepping-an-arbitration-agreement-take-two/) - The Arbitration Act, 42 of 1965 (“the Act”), makes provision for the Court, on good cause shown, to: set aside an arbitration agreement; or direct that any particular dispute is not dealt with by arbitration. Eskom SOC Limited took out a management liability insurance policy with AIG South Africa Limited, which provided liability cover to - [Do You Know with Whom You Are Doing Business?](https://coxyeats.co.za/legal-update/do-you-know-with-whom-you-are-doing-business/) - Companies are an excellent way to pool capital and to embark on business ventures whilst minimising personal exposure to business risks. Without them, many a budding entrepreneur would not be prepared to take the leap of faith necessary to change the world. However, the use of companies can also create confusion about who it is - [Arbitration Bulletin | Arbitration Time Bars](https://coxyeats.co.za/legal-update/arbitration-bulletin-arbitration-time-bars/) - Introduction Many standard form contracts in the construction industry contain provisions to the effect that, if a party fails to take a given step in the dispute resolution process, the party is barred from taking the dispute forward for determination by arbitration. All is not lost, however, because section 8 of the Arbitration Act, 42 - [Legal Privilege vs Confidentiality](https://coxyeats.co.za/legal-update/legal-privilege-vs-confidentiality/) - The High Court of South Africa, exercising its admiralty jurisdiction, has recently delivered a judgment ordering the plaintiff in an action to discover certain documents which had been disclosed in London arbitration proceedings, to which the plaintiff was a party, but in respect of which the plaintiff claimed a right to confidentiality and an entitlement - [New SCA Rulings with Implications for D&O Insurance](https://coxyeats.co.za/legal-update/new-sca-rulings-with-implications-for-do-insurance/) - Two recent judgments of the Supreme Court of Appeal have brought welcome clarity to key questions surrounding directors’ and officers’ liability. Both decisions address issues that have generated significant debate in recent years and provide important guidance on how courts will approach claims against directors, particularly in relation to prescription and the scope of directors’ - [After the Dust Settles: What Happens When a Building Collapses on a Construction Site](https://coxyeats.co.za/legal-update/after-the-dust-settles-what-happens-when-a-building-collapses-on-a-construction-site/) - The recent and deeply tragic building collapses in George, Verulam, and, most recently, Ormonde have brought renewed attention to a difficult question: what actually happens after a structure collapses on a construction site? Beyond the immediate human tragedy and the urgent search-and-rescue efforts, a complex legal and regulatory process is set in motion. Multiple authorities ## People - [Mongezi Mpahlwa](https://coxyeats.co.za/people/mongezi-mpahlwa/) - T: 010 015 5800 E: mmpahlwa@coxyeats.co.za - [Natasha Brand](https://coxyeats.co.za/people/natasha-brand/) - T: 010 015 5808 E: gcremen@coxyeats.co.za - [Yolandi le Roux](https://coxyeats.co.za/people/yolandi-cloete/) - T: 010 015 5800 E: ycloete@coxyeats.co.za - [Claudelle Pretorius](https://coxyeats.co.za/people/claudelle-pretorius/) - T: 031 835 3111 E: cpretorius@coxyeats.co.za - [Rona Evans](https://coxyeats.co.za/people/rona-evans/) - T: 031 536 8510 E: revans@coxyeats.co.za - [Jason Goodison](https://coxyeats.co.za/people/jason-goodison/) - T: 031 536 8510 E: jgoodison@coxyeats.co.za - [Anele Mncube](https://coxyeats.co.za/people/anele-mncube/) - Associate LL B Direct line: +2701 015 5803 Send an Email Anele is an associate in the Business Rescue, Restructuring and Insolvency team at Cox Yeats, based in Johannesburg. He began his legal career at a reputable KwaZulu-Natal firm, where he gained broad experience across civil litigation, dispute resolution and banking law. During this time, he - [Amy Mungle](https://coxyeats.co.za/people/amy-mungle/) - LLB (cum laude) - [Menoka Surujpal](https://coxyeats.co.za/people/menoka-surujpal/) - T: 031 835 0242 E: surujpal@coxyeats.co.za - [Kyle Mertsch](https://coxyeats.co.za/people/kyle-mertsch/) - T: 031 536 8507 E: kmertsch@coxyeats.co.za - [Jennifer Smit](https://coxyeats.co.za/people/jennifer-smit/) - T: 031 835 3112 E: jsmit@coxyeats.co.za - [Ra-eesa Vorajee](https://coxyeats.co.za/people/ra-eesa-vorajee/) - T: 010 015 5828 E: Rvorajee@coxyeats.co.za - [Aideen Ross](https://coxyeats.co.za/people/aideen-ross/) - Partner LLB cum laude; LLM cum laude (UKZN) | Year of Admission: 2020 Direct line: +27 10 015 5826 | Cell number: +27 66 470 6117 Send an Email Aideen is a Partner in the Maritime, Insurance and International Trade Law practice at Cox Yeats Attorneys. She specialises in maritime, insurance, and international trade law, with particular - [Randhir Naicker](https://coxyeats.co.za/people/randhir-naicker/) - T: 031 536 8533 E: rnaicker@coxyeats.co.za - [Adelin Dalais](https://coxyeats.co.za/people/adelin-dalais/) - Partner LLB; Dip Christian Ministry; Corporate Governance Certificate Programme; Adv Programme in Insolvency Litigation and Administration Practice (with distinction); Adv Short Course in Business Rescue Practice (with distinction)Year of Admission: 2012 Direct line: 031 536 0350 | Cell number: 082 708 0545 Send an Email Adelin is a Partner in the Business Rescue, Restructuring and Insolvency practice at Cox - [Christine Seger](https://coxyeats.co.za/people/christine-seger/) - T: 031 536 8088 E: cseger@coxyeats.co.za - [Ross Booth](https://coxyeats.co.za/people/ross-booth/) - T: 031 536 8575 E: rbooth@coxyeats.co.za - [Shea Bradfield](https://coxyeats.co.za/people/shea-bradfield/) - T: 064 964 9585 E: sbradfield@coxyeats.co.za - [Peter Barnard](https://coxyeats.co.za/people/peter-barnard/) - T: 031 5368514 E: pbarnard@coxyeats.co.za - [Richard Hoal](https://coxyeats.co.za/people/richard-hoal/) - T: 031 536 8511 E: rhoal@coxyeats.co.za - [Caitlin Kavanagh](https://coxyeats.co.za/people/caitlin-kavanagh/) - Associate LLB (with distinction); BA | Year of Admission: 2025 Cell number: 083 302 9287 Send an Email Caitlin is an Associate at Cox Yeats, practising in Banking and Finance, with a focus on Insolvency and Business Rescue. She holds a BA Law and an LL.B, both awarded with distinction from the University of Pretoria, and - [Cade Moodley](https://coxyeats.co.za/people/cade-moodley/) - Candidate Attorney LLB Direct line: 031 536 8506 | Cell number: 082 689 0944 Send an Email Cade matriculated from Crawford College North Coast in 2017 and obtained his Bachelor of Laws (LLB) in 2021 from the University of KwaZulu-Natal (Howard College). He also became a member of the Golden Key International Honour Society during his undergraduate degree. He - [Bryhton Rapotu](https://coxyeats.co.za/people/bryhton-rapotu/) - Associate LLB (cum laude) | Year of Admission: 2026 Direct line: 031 536 8531 | Cell number: 082 689 8631 Send an Email Bryhton is an Associate at Cox Yeats, practising in Maritime, International Trade and Insurance Law. He joined the firm in 2024 as a Candidate Legal Practitioner and was admitted as an attorney of the - [Benjamin Meadows](https://coxyeats.co.za/people/benjamin-meadows/) - Partner BCom Summa Cum Laude; LLB Summa Cum Laude (UKZN PMB) | Year of Admission: 2019 Direct line: 031 835 3109 | Cell number: 060 977 3866 Send an Email Benjamin is a Partner at Cox Yeats, practising in Corporate and Commercial Law, with a focus on mergers and acquisitions, competition law, and regulatory compliance. He advises - [Andrew Clark](https://coxyeats.co.za/people/andrew-clark/) - Managing Partner B.Com.; LL.B. (summa cum laude) | Year of Admission: 1997 Direct line: 031 536 8510 | Cell number: 082 924 3948 Send an Email Andrew is the Managing Partner of Cox Yeats and leads the Maritime, Insurance and International Trade Law practice. He has over 25 years’ experience in maritime and insurance law, with a - [Alastair Hay](https://coxyeats.co.za/people/alastair-hay/) - Consultant B.Com.; LL.B.; Dip Maritime Law (UND) | Year of Admission: 1978 Direct line: 031 536 8510 | Cell number: 079 496 1827 Send an Email Alastair Hay is a Consultant at Cox Yeats and the firm’s Senior Consultant, with extensive experience in Construction, Engineering and Infrastructure Law. He joined the firm in 1977 and became a - [Micaela Brown](https://coxyeats.co.za/people/micaela-brown/) - T: 031 536 8587 E:mibrown@coxyeats.co.za - [Lichaba Ezra Tsela](https://coxyeats.co.za/people/lichaba-ezra-tsela/) - T: 081 761 6061 E: etsela@coxyeats.co.za - [Zethu Ntanzi](https://coxyeats.co.za/people/zethu-ntanzi/) - T: 031 536 8510 E: zntanzi@coxyeats.co.za - [Zander Botes](https://coxyeats.co.za/people/zander-botes/) - T: 082 590 4379 E: zbotes@coxyeats.co.za - [Tshilidzi Mudau](https://coxyeats.co.za/people/tshilidzi-mudau/) - T: 010 015 5806 E: tmudau@coxyeats.co.za - [Tremelle Govender](https://coxyeats.co.za/people/tremelle-govender/) - T: E: tgovender@coxyeats.co.za - [Tina Naicker](https://coxyeats.co.za/people/tina-naicker/) - T: 031 536 8534 E: tnaiker@coxyeats.co.za - [Thys Scheepers](https://coxyeats.co.za/people/thys-scheepers/) - T: 031 536 8583 E: tscheepers@coxyeats.co.za - [Therusha Moodley](https://coxyeats.co.za/people/therusha-moodley/) - T: 031 536 8554 E: tmoodley@coxyeats.co.za - [Theanna Pillay](https://coxyeats.co.za/people/theanna-pillay/) - T: 031 835 3106 E: tpillay@coxyeats.co.za - [Thabiso Skhosana](https://coxyeats.co.za/people/thabiso-skhosana/) - T: 063 758 9775 E: tskhosana@coxyeats.co.za - [Tashreeq Dollie](https://coxyeats.co.za/people/tashreeq-dollie/) - T: E: tdollie@coxyeats.co.za - [Sunil Hansjee](https://coxyeats.co.za/people/sunil-hansjee/) - T: 031 536 8526 E: shansjee@coxyeats.co.za - [Steven Saunders](https://coxyeats.co.za/people/steven-saunders/) - T: 010 015 5821 E: ssaunders@coxyeats.co.za - [Slindokuhle Ngwenya](https://coxyeats.co.za/people/slindokuhle-ngwenya/) - T: 031 536 8535 E: sngwenya@coxyeats.co.za - [Senamile Sishi](https://coxyeats.co.za/people/senamile-sishi/) - T: 031 536 0220 E: ssishi@coxyeats.co.za - [Savannah Buys](https://coxyeats.co.za/people/savannah-buys/) - T: 031 835 3134 E: sbuys@coxyeats.co.za - [Sarah James](https://coxyeats.co.za/people/sarah-james/) - T: 031 536 0203 E: sjames@coxyeats.co.za - [Roger Green](https://coxyeats.co.za/people/roger-green/) - T: 031 536 8500 E: - [Robin Westley](https://coxyeats.co.za/people/robin-westley/) - T: 031 536 8522 E: rwestley@coxyeats.co.za - [Rahel Jasson](https://coxyeats.co.za/people/rahel-jasson/) - T: 079 122 3363 E: rjasson@coxyeats.co.za - [Peter Feuilherade](https://coxyeats.co.za/people/peter-feuilherade/) - T: 031 536 8516 E: pfeuilherade@coxyeats.co.za - [Oliver Kidd](https://coxyeats.co.za/people/oliver-kidd/) - Bachelor of Arts (Law) | Postgraduate LLB at the University of Pretoria - [Mohamed Mota](https://coxyeats.co.za/people/mohamed-mota/) - T: 031 536 8577 E: mmota@coxyeats.co.za - [Michael Jackson](https://coxyeats.co.za/people/michael-jackson/) - T: 031 536 8512 E: mjackson@coxyeats.co.za - [Megan Baker](https://coxyeats.co.za/people/megan-baker/) - T: 031 835 3130 E: mbaker@coxyeats.co.za - [Laura Kelly](https://coxyeats.co.za/people/laura-kelly/) - T: 021 879 2516 E: lmaitre@coxyeats.co.za - [Kirsten Truter](https://coxyeats.co.za/people/kirsten-truter/) - T: 079 122 4303 E: ktruter@coxyeats.co.za - 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T: 031 536 8500 E: hkapoor@coxyeats.co.za - [Gary Pritchard](https://coxyeats.co.za/people/gary-pritchard/) - T: 010 015 5801 E: gpritchard@coxyeats.co.za - [Gareth Cremen](https://coxyeats.co.za/people/gareth-cremen/) - T: 010 015 5808 E: gcremen@coxyeats.co.za - [Emili Souris](https://coxyeats.co.za/people/emili-souris/) - T: 010 015 5800 E: esouris@coxyeats.co.za - [David Vlcek](https://coxyeats.co.za/people/david-vlcek/) - T: 031 536 8551 E: dvlcek@coxyeats.co.za - [Carol McDonald](https://coxyeats.co.za/people/carol-mcdonald/) - T: 031 536 8515 E: cmcdonald@coxyeats.co.za - [Caitlin Slade](https://coxyeats.co.za/people/caitlin-slade/) - T: 031 536 8500 E: cslade@coxyeats.co.za ## Categories - [Media Articles](https://coxyeats.co.za/category/media-articles/) - [Legal Updates](https://coxyeats.co.za/category/legal-updates/) - [Business Law](https://coxyeats.co.za/category/legal-updates/business-law/) - [Construction, Engineering and Infrastructure Law](https://coxyeats.co.za/category/legal-updates/construction-engineering-and-infrastructure-law/) - 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