A Reflection on Conflict of Interest and Misappropriation of Corporate Opportunity under Modern Company Law in South Africa
According to South African company law, a director has a fiduciary duty to act in good faith and the best interests of the company. Several other duties flow from this duty, such as the duty to avoid a conflict of interests. The duty of a director not to appropriate a...
Cell Phone Towers Cause Constitutional Dispute
It is no secret that the world is evolving at a rapid pace, with technological advancements causing us to re-evaluate several legislative minefields. Recently, Telkom’s cell phone mast took centre stage as the Constitutional Court handed down judgment in a...
A quick guide to Restraint of Trade Agreements
Section 22 of the Constitution gives every citizen the right to choose their trade, occupation, or profession freely. The practise of a trade, occupation, or profession may also be regulated by law. This right is not absolute and can be restricted by means of a...
Creditors have better Memories than Debtors: What happens at the sequestration of a Debtor’s estate?
The highlight of the sequestration process is to make provision for a “collective debt” collecting process that will ensure a fair distribution of the debtor’s assets in circumstances where these assets are insufficient to satisfy all the creditors’ claims. This is to...
Recent Comments