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Compliance with the companies act 71 of 2008

Clients are reminded of the continued need to review their shareholders agreements and their Memorandum of Incorporation (“MOI”) in order to ensure that the terms of their shareholders agreement are aligned with its MOI as well as the provisions of the Companies Act 71 of 2008 (the “Act”). Clients are further reminded that under the Act the predominant aspects of …

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Book Review – Evidential Aspects of Law Enforcement

by Marga van Rooyen (433 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “It is a capital mistake to theorize before one has data”– from The Memoirs of Sherlock Holmes by Sir Arthur Conan Doyle (1859-1930) It has been demonstrated many times in South Africa, that laws on the statute books only have life breathed into them when they are effectively …

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Book Review – Principles of Market Abuse Regulation

A Comparative South African Perspective by Howard Chitimira (168 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Take care to get what you like or you will be forced to like what you get.”– George Bernard Shaw (1856-1950) Where there is money, there is mischief. Every coin has a flip side, and so does every banknote. Not surprisingly, financial markets provide …

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Book Review – Applied Law for Police Officials

(5th Edition) by Cerita Joubert (603 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Detection is, or ought to be, an exact science, and should be treated in the same cold and unemotional manner.”– Sir Arthur Conan Doyle (1859-1930) According to the South African Constitution, police officials are responsible for upholding and enforcing the law. This means that all police officials …

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Book Review – Scott on Cession

A Treatise on the Law in South Africa by Susan Scott (623 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The law regarding cession of actions… presupposes a triangle – a debtor, a creditor who becomes a cedant, and a third party, the cessionary, to whom the benefit is tranferred by the cedant creditor.”– Chief Justice of the Southern Rhodesia High …

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Book Review: UBUNTU An African Jurisprudence

UBUNTU An African Jurisprudence by T W Bennett, assisted by AR Munro & P J Jacobs  (223 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The adoption of this Constitution lays the secure foundation for the people of South Africa to transcend the divisions and strife of the past, which generated gross violations of human rights, the transgression of humanitarian principles …

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Book Review: The Law of Arbitration

The Law of Arbitration South African and International Arbitration by PAA RAMSDEN (Second Edition) (416 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The settlement or the solution of all disputes or conflicts of whatever nature or of whatever origin they may be which may arise… shall never be sought by either side except by pacific means”– from the Kellogg-Briand Pact, signed …

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Book Review: Precedents for Applications in Civil Proceedings

Precedents for Applications in Civil Proceedings by Peter van Blerk (772 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Then rising with Aurora’s light, The Muse invoked, sit down to write; Blot out, correct, insert, refine, Enlarge, diminish, interline.”– Jonathan Swift (1667-1745). The ability of lawyers to draft and craft affidavits in application proceedings is fundamental to a civil litigation practice. Not …

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TerraLex Partners with HighQ to Enhance Members’ Ability to Collaborate

Fairbridges Wertheim Becker is the exclusive South African member of the global network of independent law firms TerraLex. TerraLex has announced its recent partnership with HighQ, a leading tech company providing a range of solutions to help law firms solve real business problems through higher levels of collaboration.  The network has partnered with HighQ to drive even more innovation for member …

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When humour steps on legal toes

On a daily basis, people of all age groups, and in particular the youth, spend time during their day looking at and sharing images containing humorous catch phrases on social media. These images are popularly referred to as memes and, while they are predominantly used for entertainment purposes, these images have potential advertising value due to their popularity. Before businesses …

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Evicting a Tenant? Not so Fast!

Whilst it is accepted law that a landlord is entitled to give a commercial property tenant only one month’s notice to vacate the premises where the tenancy has continued by agreement on a month-to-month basis following the lapsing of the original agreement, the Johannesburg High Court recently set out the circumstances where, and for how long, the eviction from commercial property can …

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Boardroom Battles – When Shareholders fall out.

The Johannesburg High Court has set out the duties of directors of a company where the only two shareholders locked horns in dispute with each other. An application made by the majority shareholder (60%) was met by a counter-application by the minority shareholder (40%). The two had clearly fallen out, were involved in other litigation against each other, and did …

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Book Review: Undoing Delict

The South African Law of Delict under the Constitution by Anton Fagan (316 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The common law is not to be trapped within the limitations of its past. It need not be interpreted in conditions of social and constitutional ossification. It needs to be revisited and revitalised with the spirit of the constitutional values defined in … the Constitution…” – …

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Book Review: Trust Law in South Africa

By Walter D. Geach Editor: Louise du Toit (553 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Where large sums of money are concerned, it is advisable to trust nobody.” – Agatha Christie (1891-1976) The law relating to trusts in South Africa is one of those areas where the common law still plays a major role. Of course, specific sections of a …

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Book Review: The Law of the Sea

The African Union and its Member States Editors: Patrick Vrancken and Martin Tsamenyi (867 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “On life’s vast ocean diversely we sail, Reason the card, but passion is the gale.” – Alexander Pope (1688 – 1744) Taking ownership of the sacred responsibility of safeguarding the future of our planet has become increasingly urgent as …

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Book Review: Child Law in South Africa (2nd Edition)

Edited by Trynie Boezaart (853 pages) Juta & Co (Pty) Ltd – www.juta.co.za “Child! do not throw this book about; Refrain from the unholy pleasure Of cutting all the pictures out! Preserve it as your chiefest treasure.” – Hilaire Belloc (1870-1953) Not every child grows up to become an adult. But every adult was once a child. It is said we never lose …

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Fairbridges Wertheim Becker: Breaking News

TerraLex world-wide network of independent law firms selected as Global Network of the Year 2018. Fairbridges Wertheim Becker, exclusive South African member since 1999 of the international network of independent law firms TerraLex, is delighted to announce that TerraLex has been chosen as Global Network of the Year 2018 at the annual European Awards dinner in London of the prestige …

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Fairbridges Wertheim Becker ranked top law firm in the Western Cape Province

The independent rating agency PMR.africa (Professional Management Review) has announced that Fairbridges Wertheim Becker has earned the 2018 Diamond Arrow Award for achieving the highest rating of 4.21 out of a possible 5.00 (84.2%) for law firms in the Western Cape Province.         The independent research process using demanding criteria surveyed a random provincial sample of 170 respondents comprising CEO’s, MD’s, business …

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Risk and Reward: Duties and Obligations of Financial Service Providers

The High Court has ordered a financial adviser to pay back to her the R2 million a widow invested on his advice, plus interest and costs, because he failed to exercise the reasonable standard of care and skill expected of someone in his position engaged to provide the relevant services. A widow in the Free State Province, who had lost her husband …