Are electronic signatures valid? It depends: the parties must explicitly agree to the use of electronic signatures and must agree a signing method which complies with the requirements in the Electronic Communications and Transactions Act 2002 (ECTA).
What constitutes an electronic signature and whether such signatures are valid in South Africa has become a question
An arbitrator’s notes do not form part of the record of arbitration proceedings, and the losing party, intent on a review, cannot compel the disclosure of the notes.
In Zamani Marketing and Management Consultants v HCI Invest 15 Holdco, the claimant instituted proceedings in terms of the Arbitration Act 1965 to review and set
The Labour Court’s looming deadline of 18 May 2020, compels government to issue detailed guidelines on health and safety and requires that all employers prepare and implement a Code of Practice to mitigate the effect of COVID-19 on mine employees returning to work.
Under Alert level 4, various mining operations are allowed to operate at
Our archive now contains over one thousand accessible, searchable blog posts, covering a wide range of topics.
Here are some you may have missed – read them to quickly brush up on your legal knowledge:
Corporate law
Voluntary business rescue applications filed with CIPC during 24 March to 30 April 2020 will be processed by CIPC to reflect the dates on which they were filed. These applications do not have to be resubmitted. Similarly, the appointment of business rescue practitioners that were filed with CIPC during 24 March to 30 April 2020
The CIPC has granted an extension for the filing of annual returns (due to the lockdown), but the process now includes the completion of a compliance checklist, to prove compliance with the Companies Act.
Annual returns
All companies (including external companies) and close corporations are required to file their annual returns with the Companies and
Since the passing of the Companies Act 2008 in May 2011 it is no longer possible to register a close corporation (CC). However, the Companies Act allows a CC that existed prior to 1 May 2011 to continue to exist or to convert to a private company.
Business owners often opt to convert their CCs
The motor policy considered in Bantho v Alexander Forbes Insurance Co Ltd excluded an indemnity if the accident occurred while the driver was driving under the influence of intoxicating liquor or while the level of alcohol in the bloodstream exceeded the statutory limit. The court applied the exclusion despite a dispute about the accuracy of
Exchanging bank notes and coins are increasingly seen as risky business, as noted by Thomson Reuters in an article on the rise of digital money transactions.
The COVID-19 pandemic may speed up the global move towards digital-only payments. Apart from the more widespread use of payment apps, electronic funds transfers and cryptocurrencies, the idea
Services recommencement
The Companies and Intellectual Property Commission (CIPC) has announced that it will be recommencing services on Wednesday, 6 May 2020. Those services will however be done with reduced staff, and therefore delays are inevitable.
Business rescue proceedings
In regard to business rescue proceedings, the CIPC has stated that any filings made between 24