Can a body corporate institute action against the sectional title developer?
“In our sectional title scheme, it has become clear that many of the structures on the common property have been poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly...
The rights of a dissenting shareholder in a scheme of arrangement
“I’m a minority shareholder in a company that has been approached by a buyer willing to buy out all the shareholders. Because of Covid-19 the company has suffered financially and I know that the shareholders holding more than 75% of the company will want to accept the...
Is Business Rescue The Most Viable Option For Struggling Business?
There has been a lot of speculation whether business rescue is indeed the way forward for struggling companies and whether it is indeed a viable option which is provided for by the Companies Act No. of 71 of 2008 (“Companies Act”). This speculation surrounding...
Are Section 12J Venture Capital Companies Truly Appealing?
In South Africa, taxpayers are often on the lookout for ways to considerably reduce their tax liability and there are several tax incentive structures that, if utilised correctly, may afford such relief. Section 12J of the Income Tax Act No. 58 of 1962 (“Income Tax...
Data intensive businesses and POPIA
“My business processes and stores quite a large amount of information relating to our clients. We are well aware of POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing...
Business interruption insurance and Covid-19
“I’m a restauranteur and have suffered massive losses during the Covid-19 lockdown. I was just wondering whether there are any insurance options I may have or could look into to make up for some of the losses in my business due to Covid-19?” To assess whether your...
How can a business rescue plan help my business in tough times?
“My business has been struggling since the start of the Covid-19 pandemic and the national lockdown. I’ve been advised to consider business rescue but I am unsure about how I will get a business plan in place and what this will entail. Can you give some guidance...
Can you sell your water use entitlement to a neighbour?
“With all attention being on Covid-19, people have forgotten that large parts of our country are still suffering from a prolonged drought. The drought and our suffering economy has made me look into selling my water use to a neighbour who urgently needs it and is...
Sectional Title body corporates, and Covid-19
“I live in a small sectional title scheme and am on the body corporate. We have tried to comply as much as possible with the Covid-19 regulations but am unsure about what we may or may not do in this time. Is it possible to get some guidance in this regard?” As South...
How valid is a marriage contract if not confirmed by court?
“I have been married to my husband for more than 20 years. We were both in our early twenties when we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few...











