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LEGAL VIEWS AND NEWS
Extradition - A challenge to the NPA

Extradition is a complex field which may just be above the South African prosecutors, specifically given the current trends...

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NPA bungles State Capture Prosecutions

The prosecutors of the National Prosecuting Authority (“NPA”) should be sufficiently qualified to assess whether in fact...

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Trial by Inquisition – The Insolvency Enquiry

The force and extensive nature of an insolvency enquiry is often overlooked by creditors. The liquidation of a company is...

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Putin's fate may be determined by the courts

The power of the courts is overlooked in the continued controversy surrounding South Africa’s membership of the International Court of Justice...

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Business Rescue - Lifeline or Noose

Business Rescue proceedings were well intended to assist and nurse ailing companies back to financial health rather than risk liquidation. However, in many cases business rescue has further destroyed a company which could...

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Reckless Trading - the Poison Chalice

Section 424 of the Companies Act 61 f 1973, which remains active, provides that:“424 Liability of directors and others for fraudulent conduct of business...

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Is the government a law unto itself or is it answerable to the Constitution of the Republic of South Africa 1996 ?

The Constitution of the Republic of South Africa 1996 is the supreme law of the land and law...

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Rescuing a business without business rescue

Business rescue can be of great assistance to many companies in distress. However, it is not always the solution for businesses in distress. Business Rescue has very few safeguards and in ...

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Kidnapping - Reverse Extradition

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

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Civil Search Warrants

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

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Criminal Consequences Of Using Pension Contributions As Cash Flow

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

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Kidnapping - Reverse Extradition

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

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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...

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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...

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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...

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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....

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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...

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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...

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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 ....

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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...

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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...

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