When adjudication is incorporated into contracts, often construction contracts, as a means of dispute resolution it is usually included with other mechanisms such as mediation, arbitration and possibly even an approach to a court so that a party dissatisfied with an adjudicator’s award can attempt to rectify what is considered wrong with it in a
On 14 December 2016, the Minister of Energy, in consultation with the National Energy Regulator of South Africa (NERSA), published the Department of Energy’s determination notice for the Nuclear New Build Programme (Nuclear Programme). The Minister announced that 9 600MW of energy capacity should be procured and generated from nuclear energy under the Nuclear Programme.
Banks should be careful about rushing into bond foreclosure proceedings, when the arrears owed are not significant. Instead, the bank should try to engage with the consumer and see if a settlement can be negotiated to prevent foreclosure and the consumer losing their home.
In FirstRand Bank Limited v Makaleng, Mr Makaleng was in
In November 2016, the Supreme Court of Appeal reiterated that if a respondent in a liquidation application disputes the indebtedness on bona fide and reasonable grounds, the liquidation application should be refused. Liquidation proceedings are not designed for the enforcement of disputed debts.
In the case of Freshvest Investments (Pty) Ltd v Marabeng (Pty) Ltd
The Financial Services Board, acting in terms of the Financial Markets Act 2012, has published proposed amendments to the JSE Derivatives Rules and Directives.
The proposed amendments deal with:
According to a media statement issued by the Chairperson of the Information Regulator, Advocate Pansy Tlakula, the Information Regulator’s office held its inaugural meeting on 1 December 2016 at Salu Building in Pretoria. During the meeting the following responsibilities were allocated to the full-time members:
In the battle between Pick ‘n Pay and Masstores for exclusive rights to trade as a supermarket in a shopping complex the Constitutional Court, in holding for Masstores, has set out the limits for this type of delictual claim.
Pick ‘n Pay sued Masstores directly because their method of trading allegedly infringed Pick ‘n Pay’s
The Supreme Court of Appeal has aligned itself with a statement by the high court that where the liquidation of a company will occasion significant collateral damage both economically and socially and destroy wealth and livelihoods, the Companies Act recognises that business rescue is the better option. Adverse socio-economic consequences like job losses should be
Blockchain is the latest buzzword in the FinTech world. This technology on which the Bitcoin network is built has the potential for numerous applications in the financial services and other industries, including smart contracts, clearing and settlement, trade finance, micro-lending and supply chain management.
What is a blockchain?
A blockchain is a public ledger or
If a company goes into liquidation claims must be lodged and proved within three months as from the conclusion of the second meeting of creditors of the insolvent company.
The case of Wishart v Billiton is a reminder that although the Companies Act 1973 was largely repealed, the provisions relating to winding-up of companies remain