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LEGAL VIEWS AND NEWS
Extradition - A challenge to the NPA

Extradition is a complex field which may just be above the South African prosecutors, specifically given the current trends...

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NPA bungles State Capture Prosecutions

The prosecutors of the National Prosecuting Authority (“NPA”) should be sufficiently qualified to assess whether in fact...

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Trial by Inquisition – The Insolvency Enquiry

The force and extensive nature of an insolvency enquiry is often overlooked by creditors. The liquidation of a company is...

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Putin's fate may be determined by the courts

The power of the courts is overlooked in the continued controversy surrounding South Africa’s membership of the International Court of Justice...

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Business Rescue - Lifeline or Noose

Business Rescue proceedings were well intended to assist and nurse ailing companies back to financial health rather than risk liquidation. However, in many cases business rescue has further destroyed a company which could...

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Reckless Trading - the Poison Chalice

Section 424 of the Companies Act 61 f 1973, which remains active, provides that:“424 Liability of directors and others for fraudulent conduct of business...

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Is the government a law unto itself or is it answerable to the Constitution of the Republic of South Africa 1996 ?

The Constitution of the Republic of South Africa 1996 is the supreme law of the land and law...

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Rescuing a business without business rescue

Business rescue can be of great assistance to many companies in distress. However, it is not always the solution for businesses in distress. Business Rescue has very few safeguards and in ...

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Kidnapping - Reverse Extradition

A disguised extradition is the use of deportation instead of extradition to circumvent the processes and rights associated with extradition...

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Civil Search Warrants

An Anton Piller order is in essence a civil search warrant granted in camera and ex parte which means...

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Criminal Consequences Of Using Pension Contributions As Cash Flow

Many directors of companies view the pension contributions to pension funds as a source of...

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Civil Search Warrants

An Anton Piller order is in essence a civil search warrant granted in camera and ex parte which means...

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