In the recent case of Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (1157/2023) [2025] ZASCA 5 (29 January 2025), the Supreme Court of Appeal (SCA) addressed and provided clarity on the burning question of whether post-commencement creditors in business rescue proceedings are entitled to vote on business rescue plans of financially distressed companies. In this article, we review this landmark judgment.
Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.
The South African Revenue Service (“SARS”) has had trusts under a microscope since April 2023 when the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 came into full effect. SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. Trustees must understand trust-specific tax rules to avoid penalties and legal consequences.