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THE ENFORCEABILITY OF A SINGLE SURETYSHIP UNDER MULTIPLE AGREEMENTS

In a recent appeal before the Supreme Court, the court was called to rule on the enforceability of a suretyship agreement. A and B concluded a sale agreement. Thereafter they concluded a dealer agreement. When the second agreement was concluded C guaranteed A’s obligations to B as a surety. The surety agreement was an annexure

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CYBERCRIMES AND CYBERSECURITY BILL: ARE YOUR DOWNLOADS LEGAL?

If you are downloading anything from the Internet, you’d do well to check whether or not what you’re doing is legal – you actions may be prejudicial to the content owner. The Cybercrimes and Cybersecurity Bill (“the Bill”) is open for public comment until 30 November 2015 and aims to establish a legislative framework which will

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BUSINESS RESCUE MORATORIUM AND ARBITRATION PROCEEDINGS

Section 133(1)(a) of the Companies Act 71 of 2008 (“the Act”) provides that no legal proceedings may commence or continue against a company during business rescue proceedings except with the written permission of the business rescue practitioner. There is a degree of uncertainty as to whether arbitration proceedings are legal proceedings as envisaged in the

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