Author: Maponya

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The impact of the RAF Statutory Cap

Maponya Attorneys
Legal practitioners, particularly those dealing pre- dominantly with RAF matters, are by now aware of the Elizabeth Jemma Sweatman v the Road Accident Fund 2013 JDR 2821 (WCC) judgement. This matter was heard on October 15 and 16 2013 and judgement was granted on December 3 in the Western Cape...

Ministerial intervention

Maponya Attorneys
The often troublesome relationship between ministers of a state-owned entity and the Board of that entity is widely reported in South Africa. More recently media reported that the Minister of Telecommunications revealed plans to centralise control of the SABC by suggesting amendments to the Broadcasting Act to enable her to...

Life and times of Nelson Mandela the attorney

Maponya Attorneys
The late Nelson Rolihlahla Mandela will not only be remembered for his outstanding contribution in liberating South Africa but also for his involvement in shaping our legal jurisprudence. His interest in the legal field was influenced by cases that came before the Chief's Courts and the fact that his father...

A Binding Offer

Maponya Attorneys
Chapter 6 of the New Companies Act deals with Business Rescue, a process which means facilitating the rehabilitation of a company that is financially distressed by providing for the temporary supervision of the company and of the management of its affairs. During these proceedings the affairs of the company are...

Demoting SARS

Maponya Attorneys
Sometimes called a foreign phenomenon, business rescue comprises proceedings to facilitate the rehabilitation of a company that is financially distressed by providing interalia temporary supervision of the company and the management of its affairs. In the well known matter of SARS v Beginsel NO and others, the court ruled that...

Overcrowding in Prisons

Maponya Attorneys
Only a matter of time before overcrowding in prisons flood the courts. Recently before the Constitutional Court was an application for leave to appeal against a decision of the Supreme Court of Appeal overturning a decision of the Western Cape High Court. The High Court declared the respondent liable for...