Werksmans
And we dare to ask again – whose right is it to enforce a director’s fiduciary duties? The company or the creditors?
8th September 2022 It goes without saying that a director is the mind and sounding board of a company. In terms of section 66 of the Companies Act 71 of 2008... →
Bid Rigging vs Price Fixing: Clarification on When You Will be Deemed to Have Exited a Cartel
8th September 2022 Understanding what is exactly required to demonstrate that a company has distanced itself from a cartel is undoubtedly of great importance. The... →
Not every crime is a cybercrime – The dichotomy of cyber-enabled crimes and cybercrimes
8th September 2022 The global adoption of digital technology is rapidly increasing, which increase has caused an evolution in criminal behaviour resulting in the... →
Section 12A(3)(e) – Is it really all about promoting HDP or worker ownership?
8th September 2022 Much has been written about the hyper-focus the Competition Commission (Commission) is currently applying to the public interest aspects of merger... →
When must your medical scheme pay for treatment?
8th September 2022 On 26 August 2022, the High Court in Pretoria handed down judgment in an application concerning a three-year old boy suffering from a rare genetic... →
Breaking set stone – exceptional circumstances and the variation of Competition Tribunal orders
8th September 2022 According to the ancient Japanese philosophy of wabi-sabi, nothing in life is interminable; instead, all is but transient, for even set stone can... →
Employers watch out, the Constitutional Court has tightened the noose on the doctrine of common purpose
8th September 2022 The principles underpinning the doctrine of common purpose came into the spotlight in the employment and labour landscape. In the recent judgment... →
Contractors, copyright and computer programs – what should business owners know?
8th September 2022 There appears to be a common misconception that copyright created by third party consultants will always vest in the instructing party who also... →