Judicial perspectives on corporate disputes: A look at the High Court’s ruling in Langeni and Another v South African Women In Mining Association and Others

In the case of Langeni and Another v South African Women In Mining Association and Others (27669/2022), the Gauteng High Court delved into the intricacies of section 71(3) of the Companies Act 71 of 2008 (Companies Act), which pertains to the removal of directors by the board. The applicants sought judicial intervention to overturn their dismissal from the board of the South African Women in Mining Association NPC (SAMIWA) and to be reinstated as directors, among other reliefs. 

Lender’s victory: Essential strategies for effective security enforcement

On 11 November 2024, the High Court in East African Cables PLC v Equity Bank (Kenya) Limited KEHC 14009 (KLR) delivered a ruling that reaffirmed the strong position of secured creditors in enforcing security. When East African Cables PLC (the borrower) defaulted on a KES 1.7 billion loan that was granted to it by Equity Bank (the bank), the court upheld the bank’s right to exercise its statutory power of sale over the charged properties despite the borrower’s attempts to block the process. This ruling reinforces key legal principles regarding the enforceability of different types of security and offers valuable lessons for lenders on how to navigate borrower disputes and ensure smooth enforcement of their rights.

Are employers that hire equipment and machinery in the civil industry covered by the Bargaining Council for the Civil Engineering Industry?

The world of civil engineering and its scope of work is vast and varied. This is because it encompasses everything from construction and infrastructure projects to land and sea defence works. The complexity of the industry in the world of employment law often leads to interpretation disputes over demarcation with reference to the specific nature of work being carried out byemployers.  

What is BBBEE and why is it important?

South Africa is a country rich in diversity. This diversity extends not only to its natural environment but to its people and cultures. Apartheid subverted and stymied the development potential of this diversity by enabling laws and policies that oppressed and excluded the majority of its people, on the basis of racial classification, from effective political and economic participation.

JILB - Women and Juniors in Law & Banking - Business Rescue Seminar

General considerations when providing or taking security

All commercial agreements have varying degrees of risks associated with them – how those exposures are mitigated, underwritten and secured is crucially important for the sustainability any transaction. This article seeks to identify some practical considerations that should be taken into account when taking or providing security. These include key principles on how to keep security simple and focused on its purpose, as well as guidance on how best to mitigate risks, ensuring sustainable and commercially viable agreements, particularly in fundingtransactions.