SHAREHOLDER DEADLOCK IN SOUTH AFRICAN COMPANY LAW: WHEN COURTS MAY ORDER THE WINDING-UP OF A SOLVENT COMPANY Introduction Disputes between shareholders are a common feature of corporate life. While shareholders’ agreements and memoranda of incorporation are designed to regulate decision-making and prevent disputes from paralysing a company, they do not always succeed in resolving fundamental...Read More

Background on business rescue Business rescue is a mechanism provided for in terms of the Companies Act 71 of 2008 (“the Companies Act”) which is aimed at facilitating the rehabilitation of a company that is financially distressed. The essense of business rescue is to assist a financially distressed company through the reorganisation and restructuring of...Read More

What is prescription and what is the purpose behind it? Prescription is essentially the period of time that a creditor is afforded in order to claim a debt against a debtor. In Solomons v Multilateral Motor Vehicle Accident Fund [1999] 3 All SA 552 (C) the court essentially held that the intention behind the legal principle of...Read More

Customary law originates from the customs and practises that are observed and practiced by Indigenous African communities of South Africa, later legislated into law. In accordance to the Recognition of Customary Marriages Act[1] (“the Act”) Customary law is defined as the usages traditionally observed among the indigenous African people of South Africa which forms part of...Read More