Insights

20
Aug
2020
Property

Don't get attached too soon

The current global pandemic, the SARS-CoV-2 virus which gives rise to the disease more commonly referred to as Covid-19, has forced us all to adjust and accept a new sense of "normality" and it has changed many of our day-to-day interactions with one another, and property law relationships within this context is no exception.
17
Aug
2020
Corporate and Commercial

COMPANIES IN FINANCIAL DISTRESS: BETWEEN A ROCK AND A HARD PLACE

Section 129(7) of the Companies Act 2008 puts the board of the company between a rock and a hard place.
17
Aug
2020
Corporate and Commercial

THE UNKNOWN YET EFFICIENT "COMPANIES TRIBUNAL"

When facing disputes pertaining to Company Law, individuals or companies generally tend to seek relief from our courts.
28
Jul
2020
Property

Back to business in Lockdown style 3

And it is official.
14
Jul
2020
New Publications

CLARITY SOUGHT ON THE DRAFTING IMPERFECTIONS OF THE NATIONAL CREDIT ACT.

The question on whether credit providers may apply the common law principle of set off was placed on the spotlight recently when the National Credit Regulator approached the High Court for clarity.
25
Jun
2020
Professional Indemnity Law

Scheduling Amendments to the Medicines Act

On 22 May, 2020, the Minister of Health published an amendment to the Schedules of the Medicines and Related Substances Act (101 of 1965) (the Medicines Act) in Government Gazette No 43347, notice number R586.
18
Jun
2020
Professional Indemnity Law

The medico-legal risks of amending clinical records

The HPCSA's guidelines on the keeping of patient records define a health record as "any relevant record made by a health care practitioner at the time of or subsequent to a consultation and / or examination or the application of health management".
18
Jun
2020
Professional Indemnity Law

Pulling the plug

A legal battle ensued, with the husband arguing that his wife would not have wanted to be kept alive artificially and the hospital arguing that Texan law prohibited them from removing life support from a pregnant woman.
18
Jun
2020
Professional Indemnity Law

Informed consent and the responsibility of healthcare practitioners

History During November 2011 Mrs Beukes was admitted to hospital in Mahikeng. She complained of abdominal pain and distension.
18
Jun
2020
Property

Bridging the gap between development and heritage preservation

BOCKRA, together with two other parties "“ one being a property owner and resident of the Bo-Kaap, and the other an intervening party, Heritage Western Cape "“ brought an application challenging the approval of a development proposal made by Buitengracht Properties (Pty) Ltd (a developer), pursuant to the City of Cape Town's Municipal Planning By-Law 2015 (MPBL).
18
Jun
2020
Corporate and Commercial

When is your Licence Agreement a Franchise Agreement?

The CPA grants extensive new statutory rights to franchisees and franchisors, who are now faced with considerable additional obligations.
18
Jun
2020
New Publications

Identified or unidentified claims: which is the lesser of two evils?

As both drivers of the bakkies (quite coincidentally) sped off after the collisions (although they were both apprehended within a few days), in terms of the definition contained in the Road Accident Fund Act, (56 of 1996), these fell into the category of "hit-and-run" cases because the identity of both bakkie drivers (and owners) was unknown at the time.