Business rescue is a legal process under South Africa’s Companies Act that helps financially distressed companies restructure their affairs, avoid liquidation, and achieve a better outcome for creditors, employees, and shareholders.
Business rescue aims to rehabilitate a financially distressed company and preserve value. In liquidation, the company is wound down, and its assets are sold to repay creditors when there is no reasonable prospect of saving the business.
Many South African litigants harm their cases by missing deadlines, acting emotionally, or misunderstanding court procedures. Knowing these common litigation mistakes — and how an attorney can help prevent them — can protect your rights and improve your outcomes.
Alternative dispute resolution offers flexible, often faster ways to resolve disputes outside of court, while court litigation follows a formal, rule-driven process governed by strict legal procedures. Each option has clear benefits and drawbacks depending on the nature of the dispute.
Civil litigation in South Africa is the court-based process used to resolve non-criminal disputes between individuals or organisations, in which one party seeks compensation or the enforcement of a legal right rather than criminal punishment.
Key life events—marriage, divorce, children, significant financial changes, losing a loved one, or acquiring new assets—are crucial moments to update your will in South Africa. Regular reviews ensure accuracy, clarity, and compliance with legal requirements in estate planning.
Hidden assets can undermine a fair divorce settlement and often appear as undisclosed income, concealed accounts, undervalued business interests, or transfers designed to remove assets from the marital estate.
High-conflict divorces place children at risk of emotional harm. A clear, legally sound parenting plan helps reduce conflict, create stability, and protect children’s well-being by setting out responsibilities, decision-making structures, routines, and communication guidelines between parents.
Business interests, such as start-ups and private company shares, can significantly affect divorce outcomes. Valuation, disclosure, marital property regimes, and confidentiality all play crucial roles in determining how these assets are identified, assessed, and divided.
Naming your estate as beneficiary of life insurance causes delays, exposes funds to creditors, adds costs, and reduces what your heirs receive. Naming individual beneficiaries ensures quicker payouts, stronger protection, and clearer intent.