On 29 April 2025, the National Energy Regulator of South Africa (NERSA) granted approval to the National Transmission Company South Africa (NTCSA) to classify congestion curtailment as a constrained generation ancillary service. NERSA indicated that its decision “represents a significant step toward unlocking grid connection capacity and enhancing energy availability in areas with high
Hannah Howell
SCA cautions against attempts to circumvent principle of concursus creditorum
By Izak Lessing & Hannah Howell on
This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In July 2025, the Supreme Court of Appeal dismissed an appeal concerning a payment made to a creditor pursuant to a sale of business agreement after the liquidation of the seller. The judgment reinforces the centrality of the concursus creditorum in South African insolvency law, (which…
Oral termination of suretyship agreements
By Izak Lessing & Hannah Howell on
This blog was co-authored by Adriaan Lourens, a Candidate Attorney.
In a May 2025 High Court judgment, the court held that, in the absence of a contractual provision expressly requiring written termination, an oral termination of a suretyship agreement is legally valid. This judgment provides useful guidance on the distinction between the formation and cancellation…