Dec 08, 2021

Andersen in South Africa obtains precedent setting High Court Order on interpretation of the MPRDA

In the review application between Sedibeng Iron Ore (Pty) Ltd v The Minister of Mineral Resources and Energy & 16 Others (case number 19831/20), and in which the specialist mining, environmental and litigation teams of Andersen in South Africa acted for the Applicant (Sedibeng) with Adv. P Danie

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Nov 18, 2021

Competition authorities and their duty to the Constitution

On 15 October 2021 the Constitutional Court delivered a precedent setting judgement on the role of the competition authorities in promoting and protecting cornerstone socio-economic rights contained in the Constitution. The judgement in question, Competition Commission of South Africa v Mediclinic S

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Oct 22, 2021

Declaring Force Majeure: Be aware of potential consequences

Transnet has declared its second force majeure since July. The event triggering the declaration was a fire that occurred on its conveyor belts at the Richard's Bay port (one of three in the last three weeks) which is reported to have lasted 5 hours. The cause of the fire is still under investigation

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Oct 06, 2021

Business Rescue: sooner rather than later — here’s why

With so many businesses facing financial distress as a consequence of the economic fall out of the past 18 months brought about by the COVID-19 pandemic, many are opting for the protective moratorium of ‘Business Rescue Proceedings'. While it is the business rescue proceedings of high-profile compan

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Sep 23, 2021

Gauteng High Court judgment has far-reaching implications for SA’s mining sector

The Gauteng Division of the High Court handed down its judgement in the matter between the Minerals Council of South Africa and the Minister of Mineral Resources and Energy and other respondents, noting that the continuing consequences of previous black economic empowerment (BEE) deals should be rec

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Apr 29, 2021

Case law: SCA sets a precedent in the recovery of property against a company in business rescue

A recent judgment by the Supreme Court of Appeal, Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd [SCA case number 91/2020] has given some much needed guidance on the use of section 133 of the Companies Act 71 of 2008 (“the Act”) and “…is the first occasion on which

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Apr 14, 2021

Anton Piller orders: preserving evidence on an urgent basis

If you have ever sued someone or been sued, you will no doubt have asked your attorney, “How do I know that they won’t destroy the evidence that is vital to me proving my case?”. The answer is, you don’t. While the destruction of documents relevant to legal proceedings carries with it penalties tha

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Apr 13, 2021

Business Rescue Practitioners fees post application for winding-up

Case Note: Montic Dairy (Pty) Ltd and Others v Mazars Recovery and Structuring (Pty) Ltd and Others (7523/19) [2021] ZAWCHC 20 (10 February 2021) Under the Companies Act 71 of 2008 (“the New Act") a business rescue practitioner (“BRP”) is entitled to charge a company in business rescue for remunerat

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Feb 24, 2021

Tabacks becomes a full Member Firm of Andersen Global

Tabacks has become a full member firm of Andersen Global, an international association of legally separate, independent member firms with a presence in 45 countries in Africa. With this move, Tabacks will be known as Andersen in South Africa from 24 February 2021. This development sees the local fir

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Jul 10, 2020

Business Interruption Insurance…Interrupted

The Constitutional Court judgment attempts to resolve several questions regarding the constitutional approach to the judicial interpretation of contractual terms and, in particular, the public policy grounds upon which a court may refuse to enforce them. In this article, we look at the recent judgem

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Jul 10, 2020

Contract terms, public policy and the Constitution – Constitutional Court resolves debate

The Constitutional Court judgment attempts to resolve several questions regarding the constitutional approach to the judicial interpretation of contractual terms and, in particular, the public policy grounds upon which a court may refuse to enforce them. On 17 June 2020 the Constitutional Court hand

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Jun 04, 2020

Business Rescue FAQs

In this FAQ summary we answer questions from South African business owners and leaders who are potentially facing financial distress, insolvency or restructuring. Our insolvency, business rescue & restructuring team is ready to assist with advice for directors, business owners, employees and cre

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May 08, 2020

Tabacks and Andersen: A driving force in the South Africa legal industry

In November 2018, Andersen and Tabacks concluded a Collaboration Agreement which positioned Tabacks as the chosen partner of choice to the Andersen group in South Africa. This collaboration allows not only Tabacks to provide best-in-class professional services to its clients, in a seamless fashion,

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Apr 28, 2020

It’s personal: Discovery vs Liberty on the use of personal information

The Johannesburg High Court handed down a judgment in a matter involving an application instituted by Discovery seeking to interdict Liberty for the alleged unlawful infringement of its Discovery Vitality and Discovery trademarks, also seeking damages related to unlawful competition through Discover

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Apr 22, 2020

Centrum Pharmacy Settles Excessive Pricing Complaint

Consumer Protection Regulations stipulate that an increase in the price of an essential good which does not correspond with an increase in the cost of providing that good, or an above average margin increase, is grounds for excessive pricing. On 19 March 2020, the Minister for Trade and Industry pub

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Apr 14, 2020

Legal practitioners violate the law during Lockdown

This article discusses the recent judgment handed down in the High Court of South Africa, Mpumalanga Division, Middleburg in which legal practitioners were found to have attended court illegally as a result of their non-compliance with the court directives and the Lockdown Regulations. The old adage

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Apr 09, 2020

COVID-19: Bad news for bearers of fake news

The Minister of Health has said that fake news is one of the greatest threats to effectively managing the spread of COVID-19 in South Africa. “In a world of always-on news and ‘fake news’, fear spreads faster than any pathogen…”- Peter Sands In a White Paper for the World Economic Forum, Peter San

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Apr 08, 2020

Litigation in times of Lockdown

This article summarises the practice directives issued before and after the National Lockdown and are a guide as to how litigants should manage litigation matters during the lockdown. The announcement of the National Lockdown by President Cyril Ramaphosa on 23 March 2020, in an attempt to contain th

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Apr 07, 2020

Covid-19: Attending a funeral during the Lockdown

This article summarises the amendments to the regulations regarding travel restrictions during Lockdown, and explains what is required of a person wanting to attend a funeral in a different metropolitan district or province. COVID-19; a word on the lips of everyone around the world at the moment. Wh

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May 13, 2019

Determining whether a transaction is affected or fundamental

By Keshia Manolios In order to identify the category into which a transaction falls, one must first identify whether any of the companies involved in the transaction are regulated companies or not.There are various commercial transactions that trigger compliance with different rules and regulations

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May 07, 2019

Careful with your commas

By Keshia Manolios “Punctuation has purpose… [it is] an important tool in ascribing meaning, idea, thought, intention and mood to what the author of the written words seeks to impart or convey to the reader.” These were the words of Honourable Judge van der Westhuizen in the case Auto Alpina v Abrin

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