B-BBEE Level 2 Status
We are pleased to announce that Brink, De Beer & Potgieter Inc has officially achieved a Level Two B BBEE Contributor status as of June 2026, in accordance with the Legal Sector Code (Gazette 51271). This recognition reflects our ongoing commitment to transformation, empowerment, and meaningful participation in advancing an inclusive and sustainable South African […]
Subrogation is not a Backstage Pass: Court demands true parties comply with Rule 35.
There is a moment in developing jurisprudence when uncertainty gives way to clarity. With Nemukula v Treptow (2024/105499) [2026] ZAGPJHC 40 (26 January 2026) (“Nemukula”), the Gauteng Division of the High Court has reached that moment. In Nemukula, the Johannesburg High Court aligned itself with Thulare J’s reasoning in Esperance Vineyards Farming (Pty) Ltd and […]
Parental Alienation: A Silent Crisis in South African Families
Introduction Many people refer to “child alienation” when describing a situation where a child rejects one parent. While widely used, the term is not entirely correct. The accepted legal and psychological term in South Africa is parental alienation, because it refers to a parent’s conduct that causes a child to unjustifiably reject the other parent. […]
When insurers step into litigation.
The ink on Moosa AJ’s judgment in Le Bonheur[1] had barely dried when Thulare J delivered another instalment in the ongoing dialogue on the intersection between insurance law and civil procedure. In Esperance Vineyards Farming (Pty) Ltd and Others v Liebenlogistics (Pty) Ltd (17144/24) [2025] ZAWCHC 399 (3 September 2025), the court revisited the doctrine […]
Deal announcement
A team at BDP led by Corporate and Commercial Partner, Caleb Jones, has acted as South African legal advisers to Pears Partnership Capital on its investment in Energy Drive. Pears Partnership Capital acts as an advisor to the Pears family in originating, arranging and overseeing direct private equity investments in operating businesses. Pears takes a […]
NO ROOM FOR REGRET: THE SCA AFFIRMS THE BINDING NATURE OF ANTENUPTIAL CONTRACTS
A Case Note on Manelis v Manelis (Case No: 1235/22) [2025] ZASCA 55 (9 May 2025) The Supreme Court of Appeal (SCA) in Manelis v Manelis has delivered a pivotal judgment that settles a long-standing interpretative dispute concerning Section 6(3) of the Matrimonial Property Act 88 of 1984 (“MPA”). The SCA held that where parties […]
Western Cape High Court Rules: Death of Sole Director Incapacitates Company Without MOI Provision.
“Unless a company’s MOI provides otherwise, the death of a sole shareholder and director of a company renders the company incapacitated.” In its judgement of Tolhof General Dealer (Pty) Ltd v Coalition Trading 790 (Pty) Ltd, the Western Cape High Court confirmed that, unless the memorandum of incorporation of a company provides otherwise, ownership of […]
The Companies Amendment Acts – “a significant development of the Companies Act”
The amendments introduced by the Companies Amendment Act 16 of 2024 and Companies Second Amendment Act 17 of 2024 mark a significant development of the Companies Act 71 of 2008. The amendments improve certain procedural inefficiencies and include new provisions to promote transparency and accountability in practice. While certain of the amendments came into force […]
M&C SAATCHI Deal Announcement
Deal Announcement A team at BDP Attorneys led by Corporate and Commercial Director, Caleb Jones, has advised M&C Saatchi Plc on the disposal of its interests in its South African subsidiary companies to the existing management team and minority shareholders. BDP Attorneys acted as lead legal advisers to M&C Saatchi Plc, advising on all corporate […]
Lawyer from BDP Attorneys Inc. included in 2022 Best Lawyers™ List
BDP Attorneys Inc. is pleased to announce that Anton Schelhase has been included in the 2022 edition of The Best Lawyers in South Africa™. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of […]