Widaad Ebrahim-Fakier

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In a milestone development for the legal, insolvency and business rescue communities, the Johannesburg High Court has announced the establishment of a pilot dedicated insolvency court. Effective from 14 April 2025, this initiative aims to streamline the handling of insolvency-related proceedings, providing a structured and expedited process for both applications and trials in insolvency and…

Following the judgment in Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd (previously discussed here), the position is now clear that post-commencement creditors are entitled to vote on a business rescue plan.

The Supreme Court of Appeal’s decision underscored the distinct objectives of business rescue and liquidation proceedings. The differentiation is pivotal to…

In a judgment delivered on 25 November 2024, the High Court of South Africa, Gauteng Local Division, Johannesburg declared a series of transactions involving Dimension Data Facilities (Pty) Ltd (Dimension Data Facilities) and Identity Property Co (Pty) Ltd (Identity PropCo) void and invalid. This case is poised to become a significant…

In the ever-evolving landscape of financial regulation, the Financial Sector Conduct Authority and the Prudential Authority have introduced two pivotal standards aimed at enhancing the robustness of financial institutions’ IT frameworks. These are the Joint Standard 1 of 2023 – IT Governance and Risk Management Requirements, published in November 2023, and the Joint Standard…