The Three-Year Deadline – When Suspicion becomes the Date, the Clock Starts Ticking…
We have been aware of the period we refer to as prescription in law, where there is time barring on the ability to claim a debt. Quid essentially, when does the time start running? From a general point of departure, it is when the debt becomes due. But what about a...
Prescription of a Judgement Debt – how it can Impact both Your Family and Business
A recent judgement in Arcus v Arcus (1 of 2021) [2022] ZASCA 9 has become the talk of the town precisely because it involved a payment not enforced for over 25 years. Moreover, for arrear maintenance for children who have been long self- supporting. The Supreme Court...
Is the Common Law derivative action available to Close Corporations?
A derivative action is an action instituted by a person on behalf of a company to protect a company’s legal interests. It is a well-known remedy for companies, but what is the position in the Close Corporations Act 69 of 1984 (“Close Corporations Act”)? Yes,...
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