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In a 2007 case before the Supreme Court of Appeal, the question arose whether or not the value of interest which accrues by reason of having received an interest free loan, constitutes taxable income.

In a recent case before the High Court (Mafikeng), the question arose whether a lessee could be evicted solely on the basis of a lease agreement, without following the provisions stipulated in the Prevention of Illegal Eviction From Unlawful Occupation Of Land Act (the “Act”).

Business rescue is defined as a proceeding to facilitate the rehabilitation of a company which is financially distressed by providing for:

It is common practise, mostly in the business world, for a contract to be entered into by an agent, acting on behalf of someone else, be it a juristic entity or a private person. This well-known principle is called the Law of Agency.

The doctrine of constructive notice applied under the old Companies Act. In terms of this doctrine, and because the constitutional documents of a company were (and still is) in the public domain, outsiders were presumed to have knowledge of any limitations on the powers and capacity of a company and or office bearers.