https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:28:55 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx c219aee2-7cb6-46e4-8079-b5ff9f2bc472 2d1b7db0-cbc4-4e88-976b-03c31820858d https://www.webberwentzel.com//News/Pages/business-rescue-practitioners-take-note.aspx The Western Cape High Court judgment in Limbouris and others v Du Toit NO and others [2024] JOL 66238 (WCC), dealt with several issues, including the investigative role and duties of business rescue practitioners (BRPs) during the preparation of a business rescue plan (BR plan). 2025-11-24T22:00:00Z 21483f0a-3f8b-4e23-a7f1-67932664d9ed https://www.webberwentzel.com//News/Pages/women-leading-with-expertise-navigating-recovery-with-confidence.aspx At the heart of every successful turnaround is a team that combines legal excellence, strategic foresight, and a deep understanding of commercial realities. 2025-05-05T22:00:00Z 36ab489d-e72e-437c-b5e3-6fc5bfc724d9 https://www.webberwentzel.com//News/Pages/courts-clamping-down-business-rescue-abuse-globustarr-v-mayana.aspx Ulterior motives disguised as good faith business rescue proceedings have become a growing concern in South African insolvency law. The introduction of the Companies Act, 2008 (2008 Act) was a significant shift, promoting business rescue as a preferred alternative to liquidation. However, courts have increasingly encountered cases where business rescue applications are used as a delay tactic, raising concerns about abuse. 2025-03-30T22:00:00Z b9e05bda-af0d-45e5-a4a9-d8cf87468180 https://www.webberwentzel.com//News/Pages/courts-clamping-down-on-business-rescue-abuse-an-analysis-of-globustarr-trading-co-llc-v-mayana-properties-pty-ltd.aspx Ulterior motives disguised as good faith business rescue proceedings have become a growing concern in South African insolvency law. The introduction of the Companies Act, 2008 (2008 Act) was a significant shift, promoting business rescue as a preferred alternative to liquidation. 2025-03-26T22:00:00Z cd7a62bf-9d2b-48e7-b9a6-a33656eaf6d9 https://www.webberwentzel.com//News/Pages/navigating-global-insolvency-proceedings-a-study-of-mirror-trading-international.aspx In today’s increasingly globalised and internet-driven commercial landscape, the likelihood of legal proceedings crossing borders, and attracting the complexities of cross-border disputes, is higher than ever. It has become crucial for businesspeople and attorneys to anticipate this possibility and, where appropriate, prepare accordingly. 2024-10-07T22:00:00Z 7751d17b-4afa-4c64-9f5b-4b805559bd77 https://www.webberwentzel.com//News/Pages/webber-wentzel-embraces-generative-ai-as-part-of-its-ongoing-innovation-journey.aspx Webber Wentzel is taking the lead on responsible Artificial Intelligence (AI) investment within the African legal landscape as part of its continued commitment to deliver an exceptional client experience and foster an open, creative, and entrepreneurial culture. 2023-06-22T22:00:00Z ad5c7658-4b01-452a-ab85-8b50ca1233f0 https://www.webberwentzel.com//News/Pages/south-africa-has-been-grey-listed-what-are-the-implications-for-the-country-going-forward.aspx South Africa’s greylisting by the Financial Action Task Force (FATF) has significant implications for its economic growth and global competitiveness, but moves are already being taken to satisfy the FATF 2023-02-23T22:00:00Z bee4c1db-185a-4090-a0b5-f69f0908e673 https://www.webberwentzel.com//News/Pages/webber-wentzels-market-leading-position-is-re-affirmed-at-the-23rd-dealmakers-awards.aspx Webber Wentzel's market-leading position is re-affirmed at the 23rd DealMakers Annual Gala Awards which took place on 21 February 2023 2023-02-21T22:00:00Z 596017dc-545d-4bca-ab32-57857181f3fd https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-2022-south-africa-law-firm-of-the-year-by-top-ranked-legal.aspx Webber Wentzel has been awarded the 2022 South Africa Law Firm of the Year in the EMEA Awards by Top Ranked Legal. 2022-12-20T22:00:00Z 6fca9c1d-1cb8-4a0b-93fe-b367c0797f21 https://www.webberwentzel.com//News/Pages/ster-kinekor-successfully-exits-business-rescue-with-webber-wentzel-at-its-side.aspx Webber Wentzel assisted and advised Ernst & Young's Stefan Smyth (business rescue practitioner) on a ZAR 250 million business rescue matter involving the refinancing and restructuring of Ster Kinekor's debt and the 100% purchasing of the Ster Kinekor shares by Blantyre Capital Limited and Greenpoint Specialised Lending. 2022-11-14T22:00:00Z 8b4ca51a-9db4-4219-8beb-8e73cc7e3dbc https://www.webberwentzel.com//News/Pages/are-brps-and-liquidators-overlooking-potential-esg-benefits-and-ignoring-possible-risks.aspx BRPs in South Africa should incorporate ESG considerations into their business plans to attract more investors and comply with the SA’s climate change commitments. 2022-10-25T22:00:00Z 5af6b17e-98d8-4c54-99b6-8b3b89804116 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-for-african-law-firm-of-the-year.aspx Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards. 2022-10-23T22:00:00Z dcdcf35f-c17b-40a1-9df2-a59386e71e00 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-private-equity-team-of-the-year.aspx Webber Wentzel won Private Equity Team of the Year for advising Consol Holdings Proprietary Limited ("Consol") the leading producer of glass packaging in Africa. 2022-10-03T22:00:00Z 0c1f3a39-c3a8-464b-bbc1-b063a5e8e483 https://www.webberwentzel.com//News/Pages/are-international-financial-Institutions-immune-from-insolvency-proceedings.aspx Insolvency law (or bankruptcy law as it is referred to in other jurisdictions) is quite clear on how to deal with a domestic entity facing financial difficulty. But what insolvency regime regulates international institutions? 2022-08-15T22:00:00Z 39fe07a0-17a8-45c4-a914-1f7911721eb6 https://www.webberwentzel.com//News/Pages/is-it-time-for-businesses-to-take-business-rescue-seriously.aspx If boards of directors put financially-distressed companies into business rescue earlier, more options would be available, and more companies could be saved. 2022-06-02T22:00:00Z 098195fd-722c-49d8-971e-82e090801ff3 https://www.webberwentzel.com//News/Pages/voting-against-the-adoption-of-business-rescue-plan-is-your-vote-inappropriate.aspx Creditors who vote against the adoption of a business rescue plan out of self-interest, without considering the rights of other affected parties, may risk having their votes deemed inappropriate by a court. 2022-04-19T22:00:00Z e548acb2-b1db-4cd3-b14c-a3b4aacf0592 https://www.webberwentzel.com//News/Pages/can-an-external-company-be-wound-up-in-sa-an-update.aspx A relevant ruling in the Steinhoff case gives welcome clarity on the status of insolvent external companies in South Africa 2022-04-19T22:00:00Z 4e84f5b4-94bd-4067-a767-164c16fc82ce https://www.webberwentzel.com//News/Pages/22-legal-developments-for-businesses-to-monitor-in-2022.aspx We have collated a snapshot of key themes to track in 2022 and of 22 legal developments for the year which you will need to keep a tab on. In 2022, various legal developments are expected to have an impact on businesses, particularly in the fields of liability, ESG, digital and economic transformation. 2022-03-22T22:00:00Z 2cfb448c-75ac-47bd-9224-ea583f43c712 https://www.webberwentzel.com//News/Pages/webber-wentzel-wins-most-coveted-legal-accolades-at-the-22nd-annual-dealmakers-awards.aspx Webber Wentzel's market-leading position was re-affirmed at the DealMakers Annual Gala Awards on 23 February 2022 when they won four of the six legal DealMakers awards. 2022-02-22T22:00:00Z 299ab371-ba4a-4a51-b4c0-e8acaed24d72 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-in-chambers-global-2022.aspx Earlier this year, Webber Wentzel was awarded South Africa Law Firm of the Year at the Chambers Africa Awards 2022. Yesterday, Chambers Global released its 2022 results, ranking law firm practices and lawyers according to their client service, commercial vision, business understanding, diligence and value for money. 2022-02-17T22:00:00Z 56c17c0f-104a-44be-ae07-587c06a0f785 https://www.webberwentzel.com//News/Pages/can-a-business-rescue-practitioner-cancel-entire-agreements.aspx Under Section 136(2)(b) of the Companies Act, business rescue practitioners can only cancel obligations under agreements that meet certain criteria, and not agreements in their entirety 2022-02-06T22:00:00Z 808cd0c3-faa9-4d2a-82f7-f6ef2ce5665c https://www.webberwentzel.com//News/Pages/south-african-law-year-to-come-2022-and-year-in-review-2021.aspx Webber Wentzel has contributed to the Linklaters' global guide series - Year to Come 2022 and Year in Review 2021. The series brings together analysis, thinking and highlights from lawyers around the world across multiple jurisdictions, in the form of topic-specific and jurisdictional guides. 2022-01-17T22:00:00Z f812e08a-5b19-4444-ab48-e3392de4b57b https://www.webberwentzel.com//News/Pages/should-an-employee-accept-a-voluntary-severance-package-when-business-rescue-proceedings-are-anticipated.aspx When business rescue is looming, it may be better for employees to wait before accepting a voluntary severance package, as they will rank higher as creditors if they accept the VSP after the business rescue plan is adopted 2021-12-05T22:00:00Z d9cbee10-b17f-424b-a27d-18628750cce0 https://www.webberwentzel.com//News/Pages/winding-up-an-external-company-in-south-africa.aspx Is it possible for creditors to apply for the winding up of a South African branch of a foreign company (“an external company”), even if the foreign holding company remains solvent, since the two entities are legally one and the same entity? 2021-11-17T22:00:00Z d9c480a0-d0bf-45ad-8b6b-d03d7a1b8e31 https://www.webberwentzel.com//News/Pages/global-aviation-restructuring-index-south-africa.aspx Webber Wentzel has contributed to the Watson Farley & Williams LLP (WFW) online Global Aviation Restructuring Index (GARI) for the aviation industry which surveys restructuring procedures across multiple, key aviation jurisdictions. 2021-10-18T22:00:00Z 856887bb-ba3e-49e4-acbd-f05fe3dfd21a https://www.webberwentzel.com//News/Pages/a-new-chapter-has-opened-for-commercial-funding-of-sustainability-projects.aspx Innovative funding for sustainability projects is spurring legal firms like Webber Wentzel to innovate also in the loan agreements that they are drafting for clients 2021-10-18T22:00:00Z dd488f0a-6a83-4949-b8b7-ea54c190c790 https://www.webberwentzel.com//News/Pages/BRPs-should-note-differing-due-dates-when-income-tax-VAT-and-payroll-tax-liabilities-arise.aspx Case law and the Tax Administration Act provide clear authority that income tax liabilities arise when the ITA34 assessments are issued by SARS, and for VAT and payroll tax liabilities, on the date the relevant payments and returns are due. 2021-10-10T22:00:00Z 057b385c-7c7e-40be-bf48-46fffbc3a5f3 https://www.webberwentzel.com//News/Pages/the-companies-amendment-bill-2021-could-have-unintended-consequences-for-business-rescue.aspx Proposed amendments to sections 135 and 145 of the Companies Act raise various concerns related to post-commencement financing in the business rescue process 2021-10-06T22:00:00Z 7f892264-7461-48d8-a422-3fb99e519e25 https://www.webberwentzel.com//News/Pages/keep-your-creditors-close-but-your-lawyers-closer.aspx Although companies in financial distress, and their creditors, are often reluctant to pay for legal advice, having legal guidance to navigate the intricacies of the business rescue process can help to avoid costly mistakes 2021-09-22T22:00:00Z 1940801b-af62-4d06-a57c-4c1af4e20f02 https://www.webberwentzel.com//News/Pages/a-journey-of-growth-and-success.aspx Webber Wentzel Senior Partner Christo Els and Managing Partner, Sally Hutton, chat to Tom Pearson in a podcast focussing on the growth and success of one of Africa’s foremost law firms. 2021-08-09T22:00:00Z c9546c95-42df-4d80-b0e8-77850005a628 https://www.webberwentzel.com//News/Pages/the-legal-effect-of-a-liquidated-company-on-review-proceedings-at-the-labour-court.aspx In a recent judgment, the Labour Court found that it did not have jurisdiction to determine review proceedings for a liquidated company if the person who instituted the legal proceedings failed to deliver the necessary notice to the liquidators 2021-05-05T22:00:00Z 1d347874-c986-4b4f-828f-862d8abe77ae https://www.webberwentzel.com//News/Pages/sa-lets-do-business-ebook.aspx ​A tailored and on-the-ground perspective for business in South Africa and those looking to invest in South Africa. 2021-02-28T22:00:00Z 368bdd8e-97be-4a90-ac99-71c6a4172cc2 https://www.webberwentzel.com//News/Pages/webber-wentzels-expertise-recognised-by-chambers-global.aspx Chambers Global has released their 2021 results. Webber Wentzel had an exceptional year with key highlights. 2021-02-21T22:00:00Z f46fa93b-8095-4c85-bdc4-27665cfe6628 https://www.webberwentzel.com//News/Pages/21-legal-developments-for-businesses-to-monitor-in-2021.aspx We have collated a snapshot of key themes to track in 2021 and of 21 legal developments for the year which you will need to keep a tab on. 2021-02-17T22:00:00Z 3dfa1547-34f7-472a-b07c-ab5caaf4d0b6 https://www.webberwentzel.com//News/Pages/linklaters-global-guide-year-in-review-2020-and-year-to-come-2021.aspx We have contributed to the Linklaters' global guide series - Year in Review 2020 and Year to Come 2021. 2020-12-06T22:00:00Z 4290d154-e8d1-463a-9059-f5def0791b48 https://www.webberwentzel.com//News/Pages/sars-stand-in-line-how-tax-debts-rank-in-business-rescue.aspx A company in financial distress may have a variety of outstanding tax debts at the commencement of business rescue. 2020-09-22T22:00:00Z 0d1a3e50-6995-450c-ae68-ede7ec9c68a6 https://www.webberwentzel.com//News/Pages/business-rescue-and-liquidation-have-consequences-for-intellectual-property.aspx Intellectual property is often overlooked when a business is compelled to seek business rescue or liquidation but it may form a valuable asset, requiring decisions to be made on whether to sell it or maintain it. 2020-06-08T22:00:00Z 51fcf881-e487-40b7-9011-40c66dc72bc4 https://www.webberwentzel.com//News/Pages/what-post-covid-restructuring-and-insolvency-means-for-environmental-compliance.aspx As the marketplace enters unchartered territory for corporate governance in response to the COVID-19 pandemic, an increase in business restructurings and insolvency (R&I) proceedings is becoming commonplace for those companies struggling to recover from the pandemic's devastating effects. 2020-06-04T22:00:00Z 07b43585-ef73-48fb-b574-b3b339eaf340 https://www.webberwentzel.com//News/Pages/business-rescue-or-liquidation-what-is-best.aspx As more financially-distressed businesses seek solutions after Covid-19, the pros and cons of business rescue must be weighed up against those of liquidation to protect the interests of all involved 2020-06-04T22:00:00Z fd5a8e8b-82e6-4ca9-aeae-7c2d9da20e5b https://www.webberwentzel.com//News/Pages/business-rescue-offers-a-framework-not-a-solution.aspx South African businesses under pressure from the Covid-19 effects may be tempted to apply for business rescue, but the process has a better chance of success if the board takes early steps to find solutions 2020-06-01T22:00:00Z 559a8a7b-8095-49da-8706-6c32c7ef97f0 https://www.webberwentzel.com//News/Pages/is-this-the-final-boarding-call-for-the-aviation-sector.aspx With airlines across the world collapsing, can business rescue proceedings assist the ailing South African aviation industry? 2020-05-27T22:00:00Z 67d15673-f4bf-463a-8b90-9c6412f0e921 https://www.webberwentzel.com//News/Pages/learning-from-edcons-misfortunes.aspx Edcon, one of southern Africa’s largest non-food retailers, which has operated for 90 years, has been placed in business rescue. This has significant consequences for retail in South Africa as well as for many stakeholders, including thousands of employees, creditors and shareholders. 2020-05-06T22:00:00Z 4d3a6c90-5fc6-4c23-82e4-c34db655c686 https://www.webberwentzel.com//News/Pages/webber-wentzel-strengthens-its-restructuring-and-insolvency-team.aspx Webber Wentzel recently reinforced its highly-respected Restructuring & Insolvency (R&I) offering with the appointment of two market-leading experts, Julian Jones and Khurshid Fazel. 2020-05-05T22:00:00Z 9a8c4446-b911-4d39-be19-f7ed7e6611fc https://www.webberwentzel.com//News/Pages/chambers-global-recognises-excellence-at-webber-wentzel.aspx Chambers Global has released their 2020 results. Webber Wentzel had an exceptional year with key highlights. 2020-02-13T22:00:00Z 5b59115a-d443-4ea9-b862-8066593cbc7a https://www.webberwentzel.com//News/Pages/legal-implications-of-saa-business-rescue.aspx On Thursday, 21 November 2019, trade union Solidarity announced that it had served an application on South African Airways (SAA) in terms of which it sought an order from the Johannesburg High Court placing SAA into business rescue. 2019-11-24T22:00:00Z 62990e55-d5e9-4156-9e76-127670af8a94 https://www.webberwentzel.com//News/Pages/will-proposed-amendments-to-the-companies-act-make-raising-post-commencement-funding-harder.aspx Recent proposals to amend sections 134 and 135 of the Companies Act includes changes which may have the effect of unfairly benefiting landlords and other lessors of property (who are proposed to be considered as post commencement finance (PCF) providers) to the detriment of other PCF providers, namely lenders. 2019-03-27T22:00:00Z 6d42c5da-d291-45c4-82ee-e497b70ffb61 https://www.webberwentzel.com//News/Pages/webber-wentzel-publishes-insights-pieces-looking-at-key-legal-and-regulatory-developments-for-2018-2019.aspx Webber Wentzel together with its alliance partner, Linklaters, recently published a Year in Review and Year to Come 2018/2019 insights piece. This publication highlights significant legal and regulatory developments that took place in South Africa during 2018, and expected changes for 2019. 2019-01-14T22:00:00Z 51e2430a-1447-4276-a9b8-ea1f4d410217 https://www.webberwentzel.com//News/Pages/webber-wentzel-wins-at-the-african-legal-awards-2018.aspx Webber Wentzel won three of the main awards at the prestigious African Legal Awards hosted in Johannesburg on 7 September, 2018. Webber Wentzel was named Banking, Finance and Restructuring Team of the Year, with alliance partner, Linklaters. The firm also secured the CSR, Diversity, Transformation and Economic Empowerment Award. 2018-09-13T22:00:00Z 061a6c72-ead8-43f1-ac0e-e5a03e403616 https://www.webberwentzel.com//News/Pages/south-african-airways-understanding-the-possibility-of-business-rescue-proceedings.aspx Over the last twenty four months, we have been closely monitoring the financial condition of South African Airways (SAA) and advising our aviation and financing clients regarding their general exposure to SAA and, in particular, the risks and likelihood of an SAA insolvency and/or business rescue. 2018-04-23T22:00:00Z 7fb2cbfd-b261-4b54-8942-62058149460c https://www.webberwentzel.com//News/Pages/debt-relief-measures-may-provide-some-relief.aspx The proposed debt relief measures in the 2017 amendments to section 19 and paragraph 12A of the Eighth Schedule of the Income Tax Act 58 of 1962 (ITA) did not provide much relief to "assist companies in financial distress", as was the intention in the Explanatory Memorandum to the draft Taxation Laws Amendment Bills, 2017. 2018-04-05T22:00:00Z