The Prescription Act 68 of 1969 (“the Act”) regulates the running of Prescription. A debt will prescribe after the lapse of a certain time period. This means that the claimant will not be able to issue a Read more…
During Business Rescue proceedings in terms of the Companies Act 71 of 2008 (“the Companies Act”), a business rescue practitioner enjoys first preference in terms of his remuneration and expenses (Section 135(1) to (3)) read Read more…
The National Credit Act 34 of 2005 (NCA) has come to be known as a model of uncertainty as evidenced by decisions of the High Courts, the Supreme Court of Appeal and the Constitutional Court. Read more…
In March 2018, the Western Cape High Court, granted an application sort by retailers Truworths, Foschini and Mr Price reviewing and setting aside Regulation 23A (4) of the affordability assessment regulations. The affordability assessment regulations Read more…
The original version of Brett Bentley’s cover article appearing in the March 2013 De Rebus, the official SA Attorneys journal. Emoluments attachment orders (EAOs) are commonly, but mistakenly, referred to as ‘garnishee orders’. An EAO is Read more…
Mario Oriano-Ambrosini MP , fought all the way to the Constitutional Court for his right to bring a Private Member’s Bill – the National Credit Act Amendment Bill. This in itself was an important development Read more…
The basis of any sound business relationship between any business extending credit in any form to customers or clients, is a credit application form incorporating standard terms and conditions of trade. The purpose of this Read more…
A copy of Brett Bentley’s article appearing in the October 2005 SA Attorneys Journal De Rebus: Caveat subscriptor, quasi-mutual assent and credit applications incorporating suretyships Brink v Humphries & Jewell (Pty) Ltd 2005 (2) SA Read more…