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Directors and Business Rescue in the Time of COVID-19

“A stitch in time saves nine” (wise old proverb) The COVID-19 pandemic and the resultant lockdown have opened up new avenues of profit for some businesses, but they have also subjected many others to the spectre of business failure.  Unfortunately we can expect the level of bankruptcies to surge for some time to come, and […]

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Our Brave New World: Using Zoom for Retrenchment Consultations

“O brave new world” (Shakespeare) The COVID-19 pandemic will doubtless lead to many new developments on the legal front. For example, with widespread employee retrenchment now an unfortunate reality in our struggling economy, all employers, employees and trade unions should know of an important new Labour Court decision validating the use of remote conferencing for

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POPIA’s Deadline is 30 June 2021 – Ignore the “Fake Headlines” But Start Planning!

At long last the main provisions of POPIA (the Protection of Personal Information Act) have been gazetted, and they will commence on 1 July 2020. That means that the one year transitional period will expire on 30 June 2021.  Don’t panic just yet, and ignore the many “fake headlines” in the media implying that you are

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Website of the Month: The Mental Battle of Running a Small Business in Lockdown Level 3

“This Too Shall Pass. It might pass like a kidney stone, but it will pass” (Unknown) Entrepreneurs and the small businesses they run are bearing much of the brunt of our deepening economic woes. Some SMEs have prospered, others have sunk – most of us have just battled on, preparing for and dreaming of happier

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Unemployed, Can’t Pay Bond and Credit Instalments? “Credit Life Insurance” May Save You

If you are one of the many employees retrenched or put on short pay or unpaid leave as a result of the COVID-19 crisis and lockdown, you will be wondering how to cover the monthly instalments on your mortgage bond and other credit agreements. You have no doubt heard of the “payment holidays” banks are

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Directors: Reckless Trading and Personal Liability in the Time of Coronavirus

“Better safe than sorry” (wise old proverb) The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges.  The result is that an increasing number of companies are either trading in insolvent circumstances, or in grave danger of doing so. Reckless trading and your risk of

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Domestic Violence and the Lockdown: Your Personalised Safety Plan

“Preamble to the Domestic Violence Act: “To afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” There is great concern that the COVID-19 crisis, particularly the mandatory “stay at home” lockdown phase, will see both an increase in the levels of domestic violence, and a decrease in

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Website of the Month: A Complete Guide to Working from Home in 2020

The secret of change is to focus all of your energy, not on fighting the old, but on building the new” (Socrates) One wonders how many office-based businesses, having been forced to work remotely during the lockdown, will now abandon or minimise their office spaces on a permanent basis rather than return to the “old

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Leases, Contracts and COVID-19: What is Force Majeure?

The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard.  And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental.  What follows is of necessity a

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