Neville Naidoo

Candidate Attorney

Neville has obtained an LLB from the University of KwaZulu-Natal where he was a finalist at the prestigious Ellie Newman Moot Court competition (2018). He is currently serving articles at Bentley Attorneys under the mentorship of Brett

Recent Posts by Neville Naidoo

”In full and final settlement” …or is it? (Properly Drafting Settlement Agreements)

Settlement agreements form an essential part of commercial debt repayments. By acting as a recording of the agreed terms of the repayment, such agreements are meant to provide certainty as to the intention of the parties. It is for this very reason that the terms of settlement agreements should always be in writing and be …

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Story of a Helicopter Parent in Full Flight – The Constitutional Constraints to Cancelling Private Schooling for a Child

How Is A Private School To Deal With A Badly Behaved Parent? On the 17th June 2020 the highest court in South Africa gave judgment on the constitutionality of a private school ( some times referred to as an independent school) cancelling a contract for schooling with a problematic parent, in the case of AB …

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What is Business Rescue?

Business Rescue proceedings entail the process of attempting to rehabilitate financially distressed companies, and find their legislative authority in Chapter 6 of the Companies Act No. 71 of 2008 (“the Act”). Business Rescue is therefore an alternative legal route for a financially distressed company, as opposed to liquidation proceedings in which the company is liquidated …

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The University Of Stellenbosch Law Clinic Case: The Sequel – Revenge On Costs And Interest

Introduction On 8 August 2018, an application was made to the Western Cape High Court for a declaratory order. As judgement was yet to be delivered at the time of the writing of this article, it is based on the court papers, both founding and opposing, found on the website of the First Applicant. The …

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Is the Law Prohibiting the Sale of Public School Assets Really Unconstitutional?

Section 58A(4) of the South African Schools Act84 of 1996 (“SASA”), which states “the assets of a public school may not be attached as a result of any legal action taken against the school”, was challenged as being unconstitutional in Kenmont School and Another v Moodley and others(11611/2016)[2018]ZAKZDHC67  (referred to as “Kenmont costs case” to …

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Does Being A Credit Provider For A Single Transaction Mean You Have To Be Registered?

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. In the case of Du Bruyn NO and others v Karstens (929/2017) [2018] ZASCA 143 (hereafter referred to as ‘Du …

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