Monday, May 13, 2013
This Spring edition of Law Letter highlights the approach our courts adopt to the enforcement of rights – the right to assemble, the right to property, the right to receive and impart information, and the right to compensation for expropriation of property. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney. We welcome your comments and suggestions.
This Winter edition of Law Letter brings to our readers recent cases on corporate business rescue, the consequences of death on wills and life policies, the importance of complying with the terms of a contract and the evidence of self-confessed criminals. We also include another of our popular book reviews. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney.
This mid-year edition of Law Letter shines our spotlight on recent decisions of our High Courts, Supreme Court of Appeal and Constitutional Court relating to housing, business rescue, defamation, maintenance, surrogate parenthood and legal ethics. We also review an important new book on parole. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney. We welcome your comments and suggestions.
The new Companies Act came into effect on 1 May 2011. All registered companies should within a two-year period (i.e. before 1 May 2013) convert their existing Memorandum and Articles of Association into a Memorandum of Incorporation (MOI). This conversion should be completed before 1 May 2013 and MacRobert Attorneys can assist you with such conversion.
On 18 April 2013 the Constitutional Court found that mineral rights were not expropriated by the enactment of the Mineral and Petroleum Resources Development Act. AgriSA claimed compensation from the Minister of Mineral Resources on the basis that the enactment of the MPRDA expropriated old order mineral rights and in terms of section 25 of the Constitution, compensation is payable. The Constitutional Court found that the enactment of the MPRDA did not expropriate old order mineral rights and accordingly no compensation is payable.
