SA Law & Commercial News

Prescription – A Debt Which Is Repayable On Demand Becomes Due The Moment The Advance Is Made

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 claim once the time period has lapsed. Section 12 (1) and (2) of the Act stipulates that prescription shall commence …

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Do Business Rescue Practitioners Enjoy “Super Preference” During Liquidation Proceedings?

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 with Section 143. However the question that had caused a degree of contention was whether that “super preference” would be …

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Separating the Baby and the bathwater – Garnishee Orders

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 granted in terms of s 65J of the Magistrates’ Courts Act 32 of 1944 (MCA) and orders an employer (referred …

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