Civil Search Warrants

An Anton Piller order is in essence a civil search warrant granted in camera and ex parte which means...

Criminal Consequences Of Using Pension Contributions As Cash Flow

Many directors of companies view the pension contributions to pension funds as a source of...

Kidnapping - Reverse Extradition

A disguised extradition is the use of deportation instead of extradition to circumvent the processes and rights associated with extradition...

Strategic Business Continuity in Liquidation: Running and Selling a Business Under Legal Guidance

In the realm of business liquidation, a unique avenue emerges—one where it is not just about settling debts but strategically continuing operations. This article delves into the possibility of running and selling a business under liquidation, exploring legal considerations...

Navigating the Complex Landscape of Liquidation: A Comprehensive Guide

Liquidation is a multifaceted process that demands careful navigation through intricate legal landscapes. June Stacey Marks Attorneys emerges as a beacon of expertise in this complex realm, offering comprehensive solutions that redefine success. In this informative article, we delve into the complexities of liquidation...

Business Rescue Practitioners' Accountability in Company Liquidation

In the high-stakes arena of corporate turnaround, the Business Rescue Practitioner (BRP) is the designated navigator, steering distressed entities away...

Combating Ponzi Schemes in South Africa: The Intersection of Regulation, Liquidation, and Law

In South Africa, the seductive lure of Ponzi schemes continues to entangle investors in promises of quick wealth. While the Financial Sector Conduct Authority (FSCA) tirelessly works to regulate these deceptive practices, the complex nature of Ponzi schemes often evades complete suppression....

Navigating Landlord Rights in Tenant Liquidation: The Power of Hypothec

As businesses face financial distress, landlords are often left navigating the uncertain waters of business rescue and liquidation. A critical aspect for landlords in South Africa during these times...

The Potent Remedies of Section 163 and the Impact of Section 162 in South African Corporate Law

In the arena of corporate governance, the South African Companies Act is a cornerstone of equity and fairness. Among its various sections, two stand out for their potent ability to correct injustices and enforce...

Section 162 of the Companies Act in South Africa: A Pillar of Corporate Integrity and Directorial Vigilance

Introduction Section 162 of the Companies Act, 2008, stands as a bastion of corporate integrity in South African law, rigorously upholding governance standards and safeguarding the interests of stakeholders. This pivotal ....

Navigating the Depths: The Power of Insolvency Enquiries under Sections 417 and 418 for Liquidators

The landscape of corporate insolvency in South Africa, particularly under the framework of the previous Companies Act, presents a complex matrix of challenges and responsibilities for liquidators. Central to navigating this terrain is understanding and utilizing the powerful tools available...

Mastering the Maze of Insolvency: The Pivotal Role of Investigations and Legal Expertise

In the labyrinth of South African insolvency law, liquidators emerge as the navigators, ensuring the fair treatment of creditors in the winding up of insolvent estates. Their quest is marked by the meticulous scrutiny of transactions...

International Cooperation and a Well-Defined Legal Framework: The Role of Private Entities in Shaping the Future of Space Exploration

Introduction Section 162 of the Companies Act, 2008, stands as a bastion of corporate integrity in South African law, rigorously upholding governance standards and safeguarding the interests of stakeholders. This pivotal ....

Reviving the Phoenix: Navigating Business Revival with June Stacey Marks Attorneys

The landscape of corporate insolvency in South Africa, particularly under the framework of the previous Companies Act, presents a complex matrix of challenges and responsibilities for liquidators. Central to navigating this terrain is understanding and utilizing the powerful tools available...

Navigating Derivative Company Actions in South Africa: Insights into the Companies Act, 2008

In the labyrinth of South African insolvency law, liquidators emerge as the navigators, ensuring the fair treatment of creditors in the winding up of insolvent estates. Their quest is marked by the meticulous scrutiny of transactions...

The Critical Role of Business Crime Investigations in Mitigating Risk and Preventing Financial Distress

In today's rapidly evolving business landscape, the importance of proactive crime prevention and thorough risk management cannot be overstated. At June Stacey Marks Attorneys, we specialize in implementing robust business crime ....

International Conference to Commemorate the 30th Anniversary of the Genocide in Rwanda

We are excited to share that June Marks, LLD candidate at UNISA and esteemed member of June Stacey Marks Attorneys, will be a featured speaker at the upcoming International Conference to Commemorate the 30th Anniversary of the Genocide in Rwanda. This significant ...

Extradition in Genocide Cases: Insights from June Stacey Marks Attorneys

Genocide, a heinous crime against humanity, necessitates a comprehensive and robust legal framework designed to preempt, prosecute, and punish those culpable. Central to this legal edifice is the extradition mechanism, which facilitates the transfer of ...

The Crucial Role of Detailed Financial Analysis in Insolvency Litigation and Asset Recovery

Insolvency litigation and asset recovery are complex processes that require a meticulous approach to ensure justice and financial restitution. A cornerstone of these processes is detailed financial analysis, which serves as a powerful tool in....

A Recent Insight from Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd

In the constantly evolving landscape of South African corporate and financial law, significant cases shape our understanding and application of legal principles. One such pivotal case is Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others (18/2023) [2024] ZASCA 75, decided by the ...

The Abuse of Power and Disregard of the Rule of Law by Corroded State Institutions: Undermining Confidence in Transitional Justice

South Africa’s transition from apartheid to a democratic state was marked by high hopes for justice, equality, and the rule of law. However, decades after the end of apartheid, the nation's journey towards a fully realized democratic society remains fraught with challenges. One of ...

The Action for a Statement and Debatement of Account: Understanding its Importance and Legal Framework

In the realm of business and personal financial dealings, transparency and accountability are paramount. The legal mechanism of an action for a statement and debatement of account serves as a vital tool to ensure these principles....

Application to Stay a Criminal Prosecution in South Africa: Human Rights Promotion or Just Stalling?

In South Africa, the legal mechanism of applying to stay a criminal prosecution is both a critical safeguard for protecting human rights and a subject of controversy. It allows an accused person to request that the court temporarily halt criminal proceedings against them...

Understanding the Concept of a Sham Trust in South Africa: Expertise and Insights from June Stacey Marks Attorneys

In South Africa, trusts are commonly used as estate planning tools to manage and protect assets. However, the misuse of trusts can lead to the creation of what is known as a "sham trust." Understanding the...

The Nuremberg Trials and Charter: Impact and Importance on the Right to a Fair Trial

The Nuremberg Trials, held from 1945 to 1946, were a series of military tribunals conducted to prosecute prominent leaders of Nazi Germany for war crimes, crimes against humanity, and other offenses committed during ...

Protecting Shareholders from Directors - Strategies to Defend the Company

Section 71 of the Companies Act, 2008 empowers shareholders to remove directors, ensuring that directors remain accountable to the shareholders who elected them. This section provides a clear and ...

Establishing an International Space Court: Addressing the Complexities of Space Governance

Introduction The rapid advancement in space technology and the growing involvement of both governmental and private stakeholders have highlighted the need for enhanced space governance structures. One proposed solution to manage the complexities associated with space exploration, utilization, and commercialization is the establishment of an International Space Court...

Cybercrimes in South Africa: Delete, Destroy, Regret – The High-Stakes Game of Erasing Emails and Information

Welcome to the digital jungle—where one wrong click, and poof, those precious emails or sensitive data can vanish into the ether. But here’s the deal: South African law doesn’t take kindly to data disappearing acts, ...

Money Talks, Numbers Don’t Lie: Why Attorneys and Expert Witnesses with Financial Expertise Dominate Corporate and Insolvency Litigation

In the high-stakes world of corporate and insolvency litigation, it's not just the attorneys with a killer instinct for numbers and financial analysis who reign supreme—it's the dynamic duo of attorney and expert witness that truly pack a...

Protecting Africa’s Children: Fair Trials, Extradition, and the Realities of Conflict

In Africa, the plight of children in armed conflicts is nothing short of a legal and humanitarian nightmare. These children, often torn from their families and forced into conflict, straddle a complex legal line—victims one moment...

Boardroom Power Shift: How Shareholders Can Reshape Governance and Keep Directors in Check

In the competitive world of corporate governance, South African shareholders have a suite of tools to ensure directors stay on track, align with the company's strategic goals, and ultimately act in the best interests of those who hold the ...

Think You’ve Got a Constructive Dismissal Claim? Think Again – It’s a Legal Tightrope, Not a Walk in the Park!

You think you’ve had enough. Your boss is making your life a living hell, and you’re ready to walk out the door. But wait—before you march out and slam that resignation letter down, thinking you've got a constructive dismissal ...

When a Trustee Goes Rogue: How to Remove a Trustee for Self-Interest and Harm to Trust Assets

We’ve all heard the saying, "With great power comes great responsibility." Well, in the world of trusts, trustees hold that power, and when they start acting like they're in a Netflix drama...

No, You Can’t Use Contempt Proceedings to Collect Cash – Here’s Why!

In the world of high-stakes litigation, where passion and persistence are the backbone of the courtroom, enforcing a monetary judgment can sometimes feel like wringing water from a stone....

Appealing in Style: How to Navigate South Africa’s Tough Appeal Process

Lost your case? Don’t worry; the fight isn’t over. South Africa’s appeal process offers you a chance to challenge a judgment, but it’s not for the faint-hearted. The tests are strict, the rules are layered, and your arguments ...

Interdicts: The Legal Power Moves You Need to Know (And Why Final Interdicts Are a Trickier Beast)

Let’s face it: the courtroom is the ultimate stage, and interdicts are your legal show-stoppers. Whether you’re slamming the brakes on a shady deal with an interim interdict...

Macmed Healthcare Limited: A Corporate Scandal That Shook South Africa

When Macmed Healthcare Limited crumbled in the late 1990s, it wasn’t just another company going under—it was an epic meltdown of corporate fraud, reckless mismanagement, and shattered trust. This is the....

Commercial Litigation Trend: What South African Directors Can Expect in 2025

Welcome to 2025, where the stakes are higher, the scrutiny is sharper, and the pressure on South African directors is hotter than a summer heatwave. It’s not just business—it’s survival of the savviest. The question isn’t...

The Directors' Guide to Navigating White-Collar Crime Investigations

When it comes to white-collar crime investigations, the stakes are high, the rules are tricky, and the reputational risks? Absolutely terrifying. But fear not—at June Stacey Marks Attorneys, we’ve got the brains, the grit, and...

The 5 Big Risks Directors Can’t Afford to Ignore

Let’s face it—being a director isn’t just about boardroom brilliance and corporate swagger. It’s also about dodging the legal landmines that come with the title. Whether you’re navigating high-stakes....

Leveraging Trusts, Shares, and Section 42 of the Income Tax Act: Crafting Wealth with Confidence

At June Stacey Marks Attorneys, we don’t just handle wealth—we master it. Whether you're an entrepreneur building an empire or a seasoned investor securing generational wealth, the art of...

Flexibility in the MOI: Crafting Management Structures That Put Shareholders in the Driver’s Seat

he Memorandum of Incorporation (MOI) is more than just a corporate blueprint—it’s your company’s secret weapon. It’s where innovation meets governance, where the rules of the game are ...

Cross-Border Liquidations: Turning the World into Your Asset Recovery Playground

Let’s face it: cross-border insolvency is no walk in the park. But when you’re armed with the right tools (and a killer legal team), liquidating an estate with assets scattered across Mauritius, the British Virgin Islands ....

How to Avoid a Ponzi Scheme: The Smart Investor’s Guide to Due Diligence

Investing should be about growth, security, and strategy—not waking up to find your hard-earned money has vanished into a financial black hole. At June Stacey Marks Attorneys, we don’t just litigate ...

Ponzi Schemes: How Fake Returns, Forensic Accounting, and the Law Collide

The Pitch: Invest R100,000 today, get 20% returns in 3 months, and double your capital in a year! 🚨 The Reality: Your money is paying someone else’s “returns,” and when the music stops—there’s nothing left. At June Stacey Marks Attorneys, we don’t fall...

Piercing the Corporate Veil: When Directors Can No Longer Hide Behind a Company

The corporate veil is not a magical force field. When directors misuse it, courts will tear it down—along with their personal assets. In business, the (Pty) Ltd. at the end of a company name is often mistaken for a personal insurance policy against liability. Spoiler alert: it’s not. ....

CROSS-BORDER LITIGATION & THE GLOBAL CORPORATE TRAP: HOW TO WIN WHEN THE WORLD COMES AFTER YOU

The Game Has Changed—And So Have the Risks. In today’s hyper-connected global economy, business is no longer confined by borders—and neither are the legal and regulatory challenges that companies and executives face. International regulators, foreign competitors, and...

Corporate Espionage and the High-Stakes Game: How to Protect Your Secrets (and Still Look Fabulous Doing It)

Reality check: corporate espionage isn't just Hollywood drama—it’s the everyday nightmare lurking in your boardroom, your inbox, and even your coffee room. Welcome to the thrilling new battlefield of business, where competitors...

The Bushiri Extradition Battle: Why Extradition Between Malawi and South Africa is a Legal Marathon, Not a Sprint

Extradition isn’t just about packing a suspect onto a plane and sending them back home. It’s a high-stakes, legal and diplomatic chess match—and the Bushiri case proves just how slow, complex, and unpredictable the process can be.....

Litigating Financial Crime: How to Win When Billions Are at Stake

Financial crime isn’t just about stolen money—it’s about power, deception, and the ability to manipulate the system. When corporate fraud, embezzlement, or complex liquidation battles arise, businesses, creditors, and ...

Human Rights Day: Power, Protection & Precision in the Courtroom

How June Stacey Marks Attorneys uses strategic litigation to enforce justice where it counts—contracts, corporations, and cross-border financial misconduct. In South Africa, Human Rights Day stands as a powerful reminder of the cost of silence, the impact of abuse of power, ...

Your Business Is Headed for Liquidation. Here’s What No One’s Telling You (But Should)

Let’s skip the pleasantries. If you're reading this, chances are you're watching your business unravel — and fast. Creditors are circling. Cash flow’s on life support. Your accountant’s talking about “maybe liquidation,” but no one is giving you a clear plan.....

Steinhoff wasn’t just a scandal. It was a masterclass in what happens when companies treat legal strategy like an afterthought.

Let’s talk about Steinhoff. Not because it's a scandal. But because it's a blueprint for what happens when people think risk can be swept under a boardroom rug. While billions vanished and reputations detonated, many directors, investors,...

Don’t Let Your Trust Turn Into a Tax Nightmare – Why Structure, Deeds, and Records Matter (and Why Trustees Need to Step Up)

Here’s the tea: SARS is watching, and they’re not forgiving. Section 25B of the Income Tax Act and the Trust Property Control Act don’t mess around. If your Trust isn’t structured properly, your Trust Deed is a hot mess...

Resolving Shareholder Disputes with Section 163 – A Strategic Case Study with Legal Precision

Shareholder disputes in a small company can threaten its very survival, especially when one party’s conduct jeopardizes the business’s operations. At June Stacey Marks Attorneys, we’ve spent 22 years in ....