Robert de Rooy

Take a read of Jason Smit and Thethe Mokele's latest article on the recent promulgation of the Public Procurement Act: https://lnkd.in/dNq3tnVH

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This matter is massively interesting although it did not change the current legal position in respect of the law of succession. What it does do is show that the law is ever-changing and evolving and often in need of updates to keep in pace with society. https://lnkd.in/dEvbdR_d #lawofsuccession #legalknowledge

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Explore the growing trend of BPO in UK conveyancing and its impact on firms. Find out how outsourcing to South Africa can streamline processes and enhance client services.

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I think this judgment should be studied by practitioners in the labour law field.The significance of pre-arb minutes and whether they can be amended. https://lnkd.in/dthBw95v

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MISLEADING HEADING: LEGALBRIEF DOES IT AGAIN Policy Watch SA wishes to distance itself, once again, from Legalbrief Policy Watch in the light of this morning's misleading report on the SA Water Resources Infrastructure Agency SOC Ltd Act. Recently signed into law, the Act has not yet come into force. As a result, the heading to a report in this morning's Legalbrief Today under 'Policy Watch' is misleading. It reads: 'Policy: Water Resources Infrastructure Agency Established'. This is incorrect. The Act's Chapter 2 lists several steps to be taken before the agency is established. They include its 'incorporation as a company in terms of the Companies Act'.  Section 53 (short title and commencement) clearly states that the Act will only come into effect 'on a date determined by the President by proclamation in the gazette'. Act: https://lnkd.in/eN-CuN3e

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In Sheptstone & Wylie Attorneys v Abraham Johannes de Witt NO & Others, the Supreme Court of Appeal of South Africa examined the validity of a suretyship signed by a majority of trustees instead of by all trustees, as required by the trust deed. The suretyship was signed in favor of the appellant for the personal indebtedness of a beneficiary in respect of legal fees incurred in her divorce action. The Trust Property Control Act 57 of 1988 regulates inter vivos trusts. For purposes of administration of the trust, trustees are deemed to co-owners of the trust’s property and assets. Trustees must act jointly in decision-making unless the trust deed specifies otherwise. Trustees are legally obligated to adhere to the terms of the trust deed and must act through competent resolutions in line with their fiduciary duties. The SCA affirmed that a trust operates in two spheres: internally and externally. Internally, trustees can disagree, and decisions can be made by majority vote. However, externally, trustees must present a united front, with decisions supported by the signature of all trustees. External decisions are those relating to the trust property with the outside world, while internal decisions concern the use of income for the welfare of the beneficiaries. In this case, the SCA found that the trust deed required the trustees to act jointly and unanimously. Therefore, the court ruled against the appellant. In dealing with trusts, which relate to external trust matters, and even though the trust deed allows majority decisions, all the trustees must still participate in the decision-making and all of them must sign a resolution to make it valid externally. Ensure that all trustees signing for the trust have the power to do so per the trust deed and by a valid, unanimous resolution. https://lnkd.in/dvBjY8Me #boardsofdirectors #corporatefinance #mergersandacquisitions ______________________________ ✨Our Company acts for corporate buyers, sellers, investors, private equity funds, and the like. Feel free to reach out to us if you would like to book a consultation. ✨✨If you like reading these “One-Liners”, please click the 🔔 (on my profile) so you don’t miss any new posts and please let me know your comments and share with others.

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In my personal experience , its certain Legal Practitioner’s forté to launch Urgent Applications 14 weeks late, a Main Application already pending in the High Court & an Interim Order already in place regulating the Applicant’s interim exercise of contact rights with the minor child, pending the finalization of the Investigation of the Office of the Family Advocate Report & Recommendation. With an existing interim order in place (which these legal representatives deemed not even worth bringing to the attention of the Judge & the Urgent Application, which was clearly an abuse of process to obtain a cost order) was also not struck from the roll, but allowed & granted. In some instances a more laxed approach from the strict formalities governing Rule 6(12) Applications are followed. What I am about to divulge, sounds insane.. that’s because it is.. Prior to the legal representatives launching the Urgent Application in the FS High Court, they colluded with their client & engineered charges to be filed against me with Social Services through an alleged ‘neighbour’ in my Townhouse Complex stating on oath in an Urgent Application that he would hear how I abuse- & neglect my minor 21-month-old son. When this was disproved on oath by the Chairman & Head of the Body of Trustees of my Townhouse Complex, that no such person resided or have ever resided in my Townhouse Complex, these legal representatives then proceeded with this lie, claiming in the Replying Affidavit, that it was now my ‘neighbour’ from across the street where I reside… This was again disproved on oath by the Chairman & Head of the Body of Trustees, that no such person resides or has ever resided in the complex across the street from where I reside. It later transpired that this alleged ‘neighbour’ was a private investigator paid by the Applicant to follow & stalk me around town. Both my son & I had been traumatised & terrorised by these third party role-players for 4 years.. My complaint was dismissed informing me that there was no merit in my complaint; the Advocate (my colleague) had done nothing wrong & that I would only embarrass myself if I persued the matter further.. Needless to say both my minor 21-month-old son & I suffered from acute /(complex) PTSD & after filing a complaint against them, a circular was sent informing members that women with children are less likely to receive briefs; although I am still paying office rent to remain a member of the Society. This is just the tip of the iceberg.. the capacity of human cruelty & wickedness should never be underestimated.. what I & my baby boy had been subjected to & had to endure was pure evil.. No parent or child should ever be subjected to what I had to endure. Many people have the perfect public image and façade - but only a monster delights & find it gratifying to publicly humiliate & destroy a colleague & her minor son’s life. One of these people succeeded in destroying my career less than a decade ago.*

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Going through a divorce can feel overwhelming, but with the right legal guidance, it doesn't have to be. At Le Roux Attorneys, we prioritise your rights and work diligently to secure the outcome you are entitled to. Our experienced team ensures your case is handled carefully so you can find closure and move forward confidently. 💼💡 🔐 Take the First Step to Finding Your Peace of Mind—Schedule a Consultation Today! https://lnkd.in/ddpKTdE3 #DivorceLaw #LegalAdvice #ProtectYourRights #MoveForward #LeRouxAttorneys #DivorceSupport #FamilyLaw

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Considering representing yourself in a civil suit at the High Court of South Africa? It's possible under the terms of "litigating in person" or "appearing pro se." However, it's crucial to remember that the High Court operates with intricate procedures and rules, making legal representation highly advisable due to the complexity of cases heard. If you choose self-representation, here are some essential points to keep in mind: 🔹 Familiarize yourself with the Uniform Rules of Court and relevant legislation. 🔹 Prepare and file necessary documents like pleadings and affidavits. 🔹 Attend court hearings and present your case effectively. Remember that the court won't provide legal advice or assistance, and you'll be held to the same standards as a legal representative. Errors in your case presentation could have a negative impact on your proceedings. It's strongly recommended to consult with an attorney or seek legal aid for proper guidance and representation to effectively navigate the legal intricacies. #HighCourt #Representation #Legal #Sinkalaism

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New Corporate ADR policy brings South Africa in line with international best practice https://lnkd.in/dDxTsPKU Lionel van Tonder, Director and Nick Alp, Partner at Webber Wentzel The National Prosecuting Authority (NPA) recently published its Corporate Alternative Dispute Resolution (C-ADR) Policy, which allows the use of an alternative mechanism to resolve criminal cases against companies, as opposed to only relying on normal criminal court proceedings. Therefore, companies implicated in corruption may, in certain circumstances, avoid criminal conviction at a cost. The policy does not apply to individuals as directors (former or current), employees or other individuals involved in wrongdoing can still be prosecuted independently...

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As South Africa moves towards a more ESG-centric business landscape, it's clear that Environmental, Social, and Governance (ESG) factors are becoming crucial in the realm of corporate mergers and acquisitions (M&A). Legal due diligence is evolving to prioritise ESG considerations, ensuring companies are sustainable and responsible. Frameworks Shaping the Future • The National Development Plan 2030 sets ambitious ESG goals for a sustainable South Africa. • The FTSE/JSE Responsible Investment Index Series helps investors identify companies with strong ESG practices. • Regulations under the Pension Fund and Companies Acts mandate ESG considerations in investments and corporate activities. The Role of Legal Advisors in M&A Legal advisors must ensure target companies have robust ESG processes and comply with evolving frameworks. This includes: • Evaluating ESG disclosure and reporting obligations. • Assessing the adequacy of ESG oversight by company committees. • Ensuring transaction agreements mandate the maintenance and establishment of ESG-compliant practices. With ESG factors influencing investment attractiveness, it's imperative for companies to align with ESG standards. Legal due diligence must incorporate ESG risk assessments to safeguard transactions and promote sustainable business practices. #ESG #MergersAndAcquisitions #SustainableBusiness #SouthAfrica

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THE LEGAL SECTOR CODE: A welcome change for some, a concerning development in private business ownership for others. What does this mean for business ownership in South Africa if it is implemented successfully across the sector? What is your take? #jaredjonesattorneys #constitutionallaw #businesssdevelopment

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“There have always been ghosts in the machine. Random segments of code, that have grouped to form unexpected protocols. Unanticipated, these free radicals engender questions of free will, creativity, and even the nature of what we might call the soul.” - Dr Alfred Lanning Check out our blog post below.

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