This
article
explains what
mediation is,
and how
mediation in
terms of
Uniform Court
Rule 41A
(“Rule 41A”)
is envisaged
to work.
Dispute
Resolution in
Community
Schemes –
Arbitration Or
CSOS?
This
article
focuses mainly
on dispute
resolution in
respect of
share block
schemes where
the Memorandum
of
Incorporation
(“MOI”)
establishing
the scheme
contains an
arbitration
clause
requiring
parties to go
to arbitration
in the event
of a dispute.
It also
applies where
the rules of a
sectional
title scheme
(the Conduct
and/or
Management
Rules) contain
such a clause.
Common
Boundary or
Party Walls
This
article will
explain what a
party wall is,
the varying
legal theories
regarding same
and the rights
and remedies
of a
prejudiced
property owner
in relation to
common
boundary
walls.
Dong v
National
Commissioner
of Police and
Another(32212/2020)
[2020]
ZAGPPHC 425
(27 August
2020)
The
Applicant was
granted urgent
relief against
the
Respondents
for the
immediate
restoration of
the possession
of her
property which
was despoiled
(or
confiscated)
from her in
her absence
and without
complying with
the provisions
of the law.
Adams
v National
Bargaining
Council for
the Freight
and Logistics
Industry and
Others(CA2/2019)
[2020]
ZALAC 10 (18
May 2020)
In 2020,
the Labour
Appeal Court
found that the
function of a
particular
rule is the
paramount
consideration
and that,
where the
function of
that rule can
be achieved,
it is
undesirable to
approach the
matter in a
literalist
way.
Click
the image
above or visit
our website
at https://www.cobra.org.za/to
register
for all of our
upcoming free
COBRA webinars
as well as to
view
recordings of
all our
previous
webinars.
The
coronavirus
(COVID-19)
global
pandemic has
brought
additional
strain to an
already
struggling
South African
economy.
IQbusiness,
Schindlers
Attorneys,
Engaged
Business
Turnaround,
Sirdar Group
and Envision
have formed a
consortium to
bring their
extensive
legal,
accounting,
technology and
business
turnaround
expertise to
help
businesses in
financial
distress.
Together,
these
businesses
have launched
a crisis
management
centre called
the COBRA
(Covid
Business
Rescue
Assistance)
War Room. The
initiative
aims to assist
and sustain
South African
businesses
through the
Covid-19
crisis with
free services
to help them
receive
coordinated
bank,
government and
stakeholder
support.
If required, a
structured
business
rescue process
can be
initiated,
with the
objective of
rehabilitating
affected
companies.
