So they’ve resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent? Are they prohibited from then re-entering the industry as a competitor of your company? This article looks to address these common...
When a corporation is registered, an individualistic entity separate from that of its shareholders is created. This enables the corporation to function under its own name, as a juristic person. This separation is deemed ‘the corporate veil’. However, although incorporation can provide for the limitation...
KING IV, COMPANIES ACT AND THE MINING CHARTER The BEE Commission’s report 2018, between 2017 and 2018, had no significant change in the levels of transformation, with black ownership reflecting a decline to 25.2% from 27% and current management control still sitting at 38% for black...
A recent case decided by the South African High Court has examined the curious interplay of an employee’s rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a...
From 1 January 2020, South Africa’s workplace environment celebrated a breakthrough in the push for equality, with the implementation of new parental leave laws.The amendments may have particular implications for mining companies, whose employees already typically enjoy far more leave days and leave benefits than...
In a recent hearing before the Gauteng High Court, Hlumisa Investment Holdings RF Ltd v Kirkinis 2019, the minority shareholders of a holding company attempted to use provisions of the Companies Act, No. 71 of 2008 (the Act) to claim damages from the directors of the...