Is Eskom an “Organ of State”? The SCA gives a definitive answer.
The Supreme Court of Appeal’s judgment in Eskom Holdings SOC Ltd v Botha and Others (1332/2024) [2026] ZASCA 48 (9 April 2026) provides a decisive and carefully reasoned answer to the question whether Eskom enjoys the procedural protections afforded to “certain organs of state” under the Institution of Legal Proceedings against Certain Organs of State […]
Understanding the Business Rescue Process in South Africa
The business rescue process in South Africa is a crucial legal mechanism aimed at rehabilitating financially distressed companies. Governed by Chapter 6 of the Companies Act 71 of 2008, business rescue provides companies with an opportunity to restructure their affairs, debts, and operations to either restore solvency or achieve a better return for creditors and […]
The importance of Business Rescue options in the wake of disaster
On 15 March 2020 a national state of disaster has been declared in terms of the Disaster Management Act 57 of 2002. Numerous regulations followed which were promulgated in March and April of this year. These regulations provide for significant restrictions on movement and activity effecive from 27 March 2020 (the lockdown). The regulations in […]
A note on measures to be implemented by employers and relief available during lockdown:
Many employers are concerned in this time of lockdown with whether they will be able to continue operating after lockdown and whether they will have sufficient funds to pay themselves and their employees either during or after lockdown. The knee-jerk reaction by most employers are to retrench employees. What follows is a short note on […]
Voluntary liquidation of a company
On 15 March 2020 a national state of disaster has been declared in terms of the Disaster Management Act 57 of 2002, in response to the COVID-19 pandemic. Initial regulations were promulgated on 18 March 2020 and on 25 March 2020 certain supplementary and amending regulations were promulgated, with further amendments being promulgated on 26 […]