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Knowles Husain Lindsay Inc Attorneys News

Old claims – new remedies; Corporate opportunities in light of the provisions of the Companies Act, 2008

16th October 2017 In terms of section 22 of the Constitution of the Republic of South Africa, Act No. 108 of 1996, and in the interests of justice, every citizen has the right to choose their trade, occupation or profession freely. As is the case for all other rights in the bill of rights, this right is not... 

Is it possible for me to get out of my commercial lease?

3rd October 2017 Emma Jane Jones, a psychologist, and her friend Amy Bloggs, a paediatrician have rented premises from a company ABC Holdings (Pty) Ltd (“the Company”) in a commercial business park for a period of three years (1 March 2015 – 28 February 2018). The rented area consists of two “consultation rooms”... 

Whether excessive pricing has been clarified and settled in South African Competition law

3rd May 2017 In South Africa, excessive pricing is regarded as one of the most harmful contraventions of the Competition Act as it has an explicit damaging impact on consumers. It is within the scope of abuse of dominance which directly contradicts the preamble of the Act which aims to “promote the... 

The ‘crafty’ use of business rescue mechanisms and financial support from private equity funds may play a fundamental role in the economic rehabilitation of South Africa as an emerging market

5th April 2017 The introduction of the business rescue provisions as part of the new Companies Act in South Africa has contributed to a fair degree of economic growth and sustainability in the country’s expanding sector of distressed companies. The fact that data provided by the Companies and Intellectual... 

The Practical Implications Of “Reinstating” A Credit Agreement

10th January 2017 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 context “reinstatement” means the remedying by a consumer of his/her default under his/her credit... 

Far-Reaching Requirements For Company Takeovers

6th December 2016 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 Listings Requirements and the Competition Act, No. 89 of 1998, the Companies Act governs mergers and... 
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Zuma arrogant, doesn’t care – Num-YS

The National Union of Mineworkers Youth Structure (Num-YS) on Thursday said President Jacob Zuma’s recent cabinet reshuffle would lead to continued instability in the South African government. The organisation was responding to Zuma’s surprise, controversial cabinet reshuffle on Tuesday in which... 

Cabinet reshuffle: We don’t discuss such matters – Kubayi

South Africa’s new Communications Minister, Mmamoloko Kubayi, on Thursday said a Cabinet meeting held this week did not discuss the reshuffle of Cabinet ministers effected by President Jacob Zuma, or the axing of Blade Nzimande as Higher Education Minister. “Did Cabinet discuss the issue of the... 
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