DECEASED ESTATE

By Sheree du Preez (Associate at Hayes Incorporated) REALISATION OF ESTATE ASSETS AND THE MANNER AND CONDITIONS OF SALE Introduction In this article we address the obligations of the executor and the rights of the heirs in an instance where estate assets, specifically immovable property in the deceased estate, have to be sold by the…

MERGERS AND ACQUISITIONS

By Amy Farish (Associate at Themis Law Chambers) MERGERS AND ACQUISITIONS: THE APPLICATION OF THE TAKEOVER REGULATIONS Introduction Company A enters into a sale of shares agreement with Company B where by Company A purchases 40% of the shareholding in Company C.

TO LITIGATE OR NOT TO LITIGATE

By Fouché Strydom (Senior Associate at Hayes Incorporated) TO LITIGATE OR NOT TO LITIGATE, WHAT ARE THE ALTERNATIVES? AN OVERVIEW OF ARBITRATION AND COURT ADMINISTERED MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION MECHANISMS You’ve learnt to trust your inner voice of reason to guide you to act justly and appropriately, but when the voice of reason fades…

WORKING OVERTIME

By Venolan Naidoo (Senior Associate at Hayes Incorporated) It is a reality of business that upsurges in workflow occur from time to time. To meet such demands, an employer would require employees to work more than their ordinary working hours as governed by law. This also benefits an employee as they would be entitled to…

THE INVESTING TRUSTEE

By Noelle Snyman (Candidate Attorney at Hayes Incorporated) The office of trustee is one saddled with many duties. One of these duties is the duty to invest, in order to preserve and promote trust property. Investment of trust property is often a balance between risk and reward, making it a delicate practice. The duty to…

RESTRAINTS OF TRADE

By Hannah Claassens (Associate at Hayes Incorporated) RESTRAINTS OF TRADE – ‘GETTING CAKE ON YOUR FACE?’ This case of The Velvet Cake Company (Pty) Ltd v R Niehaus & Blondies and Brownies Bakery CC 2016 [Reportable] centres around two bakeries in Cape Town CBD, The Velvet Cake Company (Velvet) and Blondies and Brownies Bakery (Blondies…