Legal Articles

 

Legal Articles

The Intricancies of Child Custody in South Africa

Many people have come across or at least know homes headed by a single parent. Some amongst us were raised in such homes.

While most may believe that the ideal situation would a family home where both parents are present - side by side taking care of the family, there are several life challenges which often result in this not being realised.

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The 8 in Section 8 – Acts of Insolvency

When an entity cannot pay the debts they owe as and when they become due, or where their liabilities exceed their assets, such party is considered insolvent in South African law.

In the latter case this effectively means, even if the party were to liquidate all their assets to settle liabilities, it would still not be enough.

Declaration of insolvency status is done by the Courts.

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Sick Leave and COVID-19 – A Guide For Employers

It has taken a lot of regulatory intervention to help contain the effects of the ravaging COVID-19 pandemic, especially in the labour market. This is because at no point in recent times has there been a single phenomenon that has simultaneously crippled economic activity throughout the world. Additionally, what has exacerbated the situation is the virus has affected anyone and everyone; even those who have not been infected have been affected by its negative effects.

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Lawful Disciplinary Procedures in South Africa

The security of employment is of the utmost importance for so many people, as it assures their survival for the foreseeable future. The South African labour law regime was crafted in a way that seeks to protect employment security, since the bargaining power between employers and employees is somewhat skewed due to economic power between these two parties.

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Trusts in South Africa – A Basic Guide for Trust Founders, Trustees & Beneficiaries

Not all people who find themselves having to deal with Trusts understand what it is all about, therefore in this brief discussion we will highlight the prominent issues that one has to familiarise themselves with in order to safeguard their interests when dealing with a Trust.

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Factual and Commercial Insolvency Explained

While in most cases it suffices to refer a party as insolvent where they are unable to pay their liabilities as and when they become due, it becomes necessary at times to distinguish and specify the state of such insolvency especially when it comes to companies. In that case the difference between factual and commercial insolvency becomes an important one.

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Liquidation, Business Rescue, or Compromise – Heads and Tails

Liquidation, Business Rescue, or Compromise? This needs to be answered in the clearest of terms to avoid any confusion. While the circumstances that invite any of these procedures are the same, the actual situation determines which option is suitable to be implemented.

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How Does Business Rescue Seek to Assist Distressed Companies?

There are various reasons why a business may not perform well, and this will likely have an impact on its financial soundness. In this time of the COVID-19 pandemic there are indeed a lot of unprecedented challenges being faced by businesses the world over, necessitating the need to adopt and adapt to the new normal.

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What Criminal Bail is – And What it Isn’t

There are a lot of misconceptions amongst many people with regards to bail, its essence, and proceedings to be specific. In this brief article we will unpack and clear up some of the issues with regards to criminal bails.

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Bail – Is it a Sail or Nail?

In as much as being arrested is not a foregone conclusion of guilt or innocence, bail being granted, or its denial is not proof that one is guilty or not. The question of guilty or not guilty is the determination of the Court upon the finalisation of the case if other avenues are not opted for.

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