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Virtual wheeling 101

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Eskom has run a successful pilot of virtual wheeling, which will enable companies with multiple offtake sites to connect to generators using the Eskom or municipal grids. Electricity wheeling mechanisms play a key role in facilitating the optimal integration of renewable energy resources into the grid.

Insolvency – the impact of distressed corporates & director apathy

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An issue which is of concern to insolvency practitioners across the globe and in South Africa, is the ever increasing level of corporate distress and uncertainty, and which impacts the role of insolvency practitioners (liquidators and business rescue practitioners) and the manner in which they can assist in the restructuring of companies that might be on the brink of insolvency.

Ensuring equal access to justice in a changing legal landscape

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Alternative dispute resolution (ADR) could be used to improve access to justice in South Africa for socially and economically disadvantaged groups. Access to courts is a constitutional right, but access to justice is a concept which goes beyond the availability of the court process. It refers to different methods by which an individual may obtain legal assistance.

Optimising post-signature contract management

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No business is an island, every company in the world depends on a delicate network of relationships with customers, suppliers, service providers, employees, contractors and other entities and people to run its operations. In most cases, these business relationships are governed by legal contracts that outline the obligations and entitlements of each party.

“Seismic ruling” – financiers cannot vote on a business rescue plan

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Should post-commencement financiers have a vote on business rescue plans? A critical look at Wescoal Mining (Pty) Ltd & Another versus Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023). On 2 October 2023 Judge Wilson of the Gauteng Division of the High Court of South Africa endeavoured to ascribe a meaning to the undefined term "creditor" in Chapter 6 of the Companies Act 71 of 2008 (the Companies Act).  

Potential retrenchees entitled to representation

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The law makes it compulsory for employers to consult with the potential retrenchees or with their representatives before deciding to retrench. Despite this, employers often refuse to allow the employees to bring external representatives to the consultation meetings.

Spilling the beans on disputes in the Metaverse

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Given the multi-faceted nature of the Metaverse, the disputes that could arise are limitless. It is therefore important that dispute resolution mechanisms that will be used in dealing with Metaverse-related disputes are agile enough to account for a new legal environment.

Creditors now empowered to apply to declare directors delinquent

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Dr Eric Levenstein | Director | Head of Insolvency and Business Rescue | Werksmans Attorneys | mail me | On 2 August 2023, I published an article titled "The...

Inaccurate fine print on packaging can spell trouble for food producers

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Recent regulatory developments have tended to regulate food packaging more strictly, following international trends to hold producers, advertisers and retailers responsible for claims that entice consumers to purchase a product.

Understanding prescription in medical malpractice claims

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Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes.

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