The Trust Property Control Act 57 of 1988 defines a trustee as meaning “any person (including the founder of the trust) who acts as a trustee by virtue of an authorisation under Section 6.” In the matter of Lupacchini vs Minister of Safety and Security (16/2010) [2010], ZASCA 108 (17 September 2010), the position of […]
Month: February 2016
Differences between Liquidation and Sequestration Process
The application for liquidation and sequestration processes are often confused. Many people think that the processes are the same. However, there is a big difference between these two processes. A simple way to describe liquidation is that liquidation is the winding up of a firm by selling off its free (un-pledged) assets to convert them […]
Do’s and Don’ts of suretyship
On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the contract to which a deed of suretyship is annexed is duly signed by […]
Bail or not
People are often outraged when they hear of accused persons who have been released on bail. In this article the factors to be considered when deciding whether someone should be let out on bail or not will be discussed. This will allow us to better understand why someone has been released on bail or why […]