Cancelling a contract

By not following the prescribed procedure in cancelling a contract can land you in trouble. In the recent case of Datacentrix (Pty) Limited (“Datacentrix”) v O-Line (Pty) Limited (“O-Line”), the South African Supreme Court of Appeal (“SCA”) had to determine whether an...

Eskom has no money to buy diesel

It’s not even the end of November 2022 and Eskom has run out of funds to buy diesel. To add injury to insult, it also has no intention to do so until 1 April 2023 – its new financial year – unless it obtains funds from the Government! What a complete...

Company records – who has right of access

The Companies Act 2008 provides for individuals’ right of access to the records of a company, within limits: S26(1) a person who holds or has a beneficial interest in any securities issued by a profit company, or who is a member of a NPC, has a right to inspect and...

Reckless trading: a director’s liability

The well-known “CNA” case brought by the CNA liquidators against John Newton, the financial director of CNA on the basis of alleged reckless trading, is still very relevant today, even though the case was decided under the 1973 Companies Act. Newton was...
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