What is Mediation?

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.