June 2021

Attempting to define Islamic financing is not always easy. Put simply, Islamic finance is a way of doing financial transactions and banking while respecting Islamic Law (Shari’ah).  The underpinning principles of Shari’ah are based on social vision of public interest, equity, justice and fairness. Shari’ah gives guidance as to what is, and what is not

On 22 April 2021, the Western Cape High Court dismissed, with costs, an application for leave to appeal sought by the Department of Home Affairs against the judgment handed down on 20 November 2020[1]suspending the operation of provisions of the Refugees Act, 1998 and the Regulations until the constitutional challenge to the provisions

In May 2021, the Supreme Court of Appeal delivered a judgment with two important principles namely:

  1. The High Court has jurisdiction to make a forfeiture order in terms of section  50(1)(b) of the Prevention of Organised Crime Act, 1998 (POCA) in respect of property situated outside the territory of South Africa and belonging to persons

SCA gives clarity on the meaning of conflict of interest for business rescue practitioners

In February 2018, eight companies in the Oakbay Group were placed in voluntary business rescue. Amongst these companies were the first respondent, Tegeta Exploration and Resources (Pty) Ltd, and its three subsidiaries, Optimum Coal Mine (Pty) Ltd (OCM), Koornfontein Mines (Pty)

The facts in a Financial Services Tribunal debarment matter were that the financial services’ representative had certified certain documents as copies of the original without having seen the original documents.  She failed to ensure that she complied with the statutory requirements for certifying copies and the duties made mandatory upon her through her position as

Section 133 of the Companies Act, 2008 provides for a moratorium on legal proceedings against a company which is in business rescue.  It does not include an action to recover a deposit on a transaction with the company that was never completed because the money does not belong to the company under business rescue and