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It is only if insolvency or liquidation supervenes that such a disposition acquires legal significance by reason of the provisions of section 26 of the Insolvency Act, [2] read with, in the case of a company, section 181 of the Companies Act [3] But it does not follow that a judgment in respect of such a disposition can on that account be set ...
Blesovsky NO and Others v Shipper and Another [1] is an important case in South African company law, particularly in the area of close corporations and the qualifications for membership. It was heard in the Witwatersrand Local Division by Budlender AJ on June 6, 2001, with judgment handed down June 12.
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997.The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner.
An act of insolvency need not be committed vis-à-vis the sequestrating creditor. Section 9(1) gives any creditor of the debtor the right to apply for sequestration once the debtor commits an act of insolvency—whether or not the debtor directed the act at the creditor concerned or intended it to have any bearing on that creditor's affairs.
The first South African company legislation was the Companies Act [3] of 1926, which was based on the Transvaal Companies Act, [4] which was in turn based on the British Companies (Consolidation) Act 1908. The next major South African legislation in this area was the Companies Act [5] of 1973, which remained in force until 31 April 2011.
Since 1995, an employee may be dismissed only for misconduct, operational reasons and incapacity. The Labour Relations Act 1995 is a pivotal piece of legislation, as it recognises the need for fast and easy access to justice in labour disputes. The Industrial Court had the status of a High Court, and therefore was not accessible to all labourers.
South Africa's unemployment rate, already the highest in the world, rose to 32.1% in the fourth quarter of 2023, according to official government figures released on Tuesday. The Quarterly Labor ...
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...