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.