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23 January 2017
Legal Briefs
 
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10 Jan 2017
 
 
The Practical Implications Of “Reinstating” A Credit Agreement
KNOWLES HUSAIN LINDSAY
This case – Nkata v Firstrand Bank Limited and others [2016] ZACC 12 – deals with the “reinstatement” of a credit agreement under the National Credit Act, No. 34 of 2005 (the “NCA”).  In this...
 
 
06 Dec 2016
 
Far-Reaching Requirements For Company Takeovers
KNOWLES HUSSAIN LINDSAY
Even small mergers and acquisitions need to be addressed with the Takeover Regulation Panel (the “Panel”) in terms of the Companies Act, No. 71 of 2008 (the “Companies Act”).  Along with the JSE...
 
 
03 Oct 2016
 
South Africa’s new customs regime – progress or regress?
KNOWLES HUSAIN LINDSAY
The Customs and Excise Act, 1964 may understandably be said to be out of date and no longer adequate for the proper monitoring and control of the import and export of certain goods in South Africa....
 
 
29 Aug 2016
 
The Cybercrimes and Cybersecurity Bill: Obligations on Electronic Communications Service Providers
KNOWLES HUSAIN LINDSAY
“Dearest Sir / Madam, I am a wealthy foreigner desirous of urgently transferring $100 000 000 into your account and to do so I need your assistance in the form of a small deposit, your banking...
 
 
23 May 2016
 
Discussion on the ’just and equitable’ provision when evicting unlawful occupiers
KNOWLES HUSAIN LINDSAY
The Prevention of Illegal Evictions from and Unlawful Occupation of Land Act 19 of 1998 (“PIE”) “was enacted to ensure fairness in and legitimacy of eviction proceedings and to set out factors to...
 
 
03 May 2016
 
The transposition of a breach of public law duty to private law liability: A new form of delict?
KNOWLES HUSAIN LINDSAY
The recent Constitutional Court judgment of Mashongwa v Passenger Rail Agency of South Africa (PRASA) [2016] JOL 34753 (CC) explored an interesting and, in the Court’s view, rather important...
 
 
11 Apr 2016
 
The nature and role of the structural interdict (supervisory order), its use and appropriateness as a remedy in the Nkandla judgment
KNOWLES HUSAIN LINDSAY
The nature and role of the structural interdict (supervisory order), its use and appropriateness as a remedy in Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic...
 
 
29 Mar 2016
 
Where there’s a will, there may be a way! – Hanekom v Voigt and others 2016 (1) SA 416
KNOWLES HUSAIN LINDSAY
It has long been believed that a testamentary trust was a trust deed ‘cast in stone’ with the applicability of the voluntas testatoris servanda est being made equally applicable to testamentary...
 
 
 
Legal Briefs
 
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