Examine the Gauteng High Court’s decision in Malvern Trading CC vs. ABSA Bank Ltd, highlighting the dual jurisdiction principle for close corporations and its alignment with constitutional rights under South African law.
Delve into the Dreyer vs Afristat Investment Holdings [2024] ZAGPPHC142 judgment, a case from the North Gauteng High Court on winding up solvent companies amid allegations of fraud and mismanagement. Discover how this ruling emphasizes the stringent criteria under Section 81 of the Companies Act, safeguarding economic stability and shareholder rights.
Explore the Eastern Cape Division, Gqeberha’s ruling on shareholder oppression in Van Der Watt v Schoeman, highlighting legal remedies for shareholders under the Companies Act 71 of 2008 against oppressive conduct within a company.
Introduction The intriguing case of S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023) dealt with a request for the removal of a liquidator appointed during the division of assets following a divorce. This case sheds light on the intricate...
Divorce matters, when opposed, take a very long time to run their course through the justice system. Litigants invariably become eager to fast-track the process by any means necessary. Unfortunately, in the context of divorce matters, no matter how good your legal...
Understanding the complexities of divorce, particularly in relation to asset division, can be complex, with a significant focus on the rights to pension benefits. These benefits are considered assets during a divorce and are often a point of contention due to...
As a legal practitioner with a deep-seated interest in the nuances of expatriate and international family law, I have become intimately familiar with the complex issues that emerge when family disputes extend beyond national frontiers. One case that has garnered...
In the realm of matrimonial law, the case of J.E.R (Nee O) v B.E.S case (A16/2023; 15871/16) [2023] ZAWCHC 291 emerges as a defining judgment. On November 20th, 2023, the Western Cape High Court delivered a decision that clarifies the application of Section 7(2) of...
Dealing with the legalities surrounding deceased estates can be a challenging and emotionally charged process. When disputes arise, deceased estates litigation becomes a necessary avenue to resolve conflicts and ensure a fair distribution of assets. This blog aims to...
1.Introduction Termination or Suspension of parental responsibilities is a sensitive legal process with significant emotional and legal implications. It is typically pursued to protect a child's well-being and can arise from various situations. This blog delves into...
Relocating with a child is a significant life event that comes with its own set of challenges, especially when considering the legal aspects involved. South African law places a strong emphasis on the best interests of the child, and parents must navigate the process...
The Legislative Shift: Guardianship and the Children’s Court The Children’s Amendment Act 17 of 2022 stands as a landmark shift in South African family law, significantly amending the Children’s Act 38 of 2005. This change introduces the jurisdiction of Children’s...
