Die beskerming van skuldeisers ingevolge artikel 34 van die Insolvensiewet na ’n skikkingsooreenkoms

Uit teks: Artikel 34 van die Insolvensiewet 24 van 1936 handel oor die nietige verkoop van ’n besigheid. Artikel 34(1) bepaal dat indien ’n handelaar ’n besigheid wat aan hom behoort, of die klandisie van so ’n besigheid, of goedere of eiendom wat ’n deel daarvan is, oordra ingevolge ’n kontrak (behalwe in die gewone loop van daardie besigheid of tot die versekering van die betaling van ’n skuld), en so ’n handelaar publiseer nie die kennisgewings wat in die artikel voorgeskryf word nie, dan is so ’n oordrag nietig teenoor sy skuldeisers vir ’n tydperk van ses maande na die oordrag en nietig teenoor die kurator van sy boedel indien sy boedel te enige tyd binne daardie ses maande tydperk gesekwestreer word. Vir hierdie doeleindes beteken “oordrag” ook die werklike of fiktiewe oordrag van besit: Die handelaar hoef dus nie fisies besit van die bedoelde goed aan die ander party oorgedra het nie (a 34(4)). Sodra ’n kennisgewing ingevolge artikel 34(1) gepubliseer word, word elke gelikwideerde skuld van die handelaar in verband met die bedoelde besigheid wat op ’n toekomstige dag invorderbaar sou word, dadelik invorderbaar as die betrokke skuldeiser betaling van die skuld eis (a 34(2))

Het ‘n eerste verbandhouer werklik ‘n “vry hand”-voorkeur ten opsigte van sy sekuriteit as vervreembare goed kragtens artikel 8(b) van die Insolvensiewet? Absa Bank Ltd V Collier 2015 4 Sa 364 (WCC)

Uit teks: Met ‘n vlugtige lees van die opsomming van hierdie saak was die skrywers van mening dat die uitspraak nie juis noemenswaardig is nie, maar met nadere ondersoek het dit geblyk dat dit uiters belangrike kwessies aanroer

Kernaspekte rondom die voeging van gades en vennote by 'n aansoek vir verpligte sekwestrasie

Core aspects pertaining to the joining of spouses and partners in an application for compulsory sequestration Joining parties as respondents in an application for compulsory sequestration is possible beyond instances where spouses are married in community of property or in cases involving partnerships. The practice in the Gauteng Division of the High Court is that several respondents are not allowed in a joint application for their individual sequestration, unless there is a complete identity of interests. The correctness of this established practice, as supported by the decision in Ferela (Pty) Ltd v Craigie and Others 1980 3 SA 167 (W) and Breetveldt and Others v Van Zyl and Others 1972 1 SA 304 (T), was drawn into question by the findings in Business Partners Ltd v Vecto Trade 87 (Pty) Ltd and Others 2004 5 SA 296 (SE) and Maree and Another v Bobroff and Another [2017] ZAGPJHC (7 March 2017), where the requirement of a “complete identity of interests” was substituted for a “substantial coincidence in the interests” of the respondents. With the 2017 decision in Strutfast (Pty) Ltd v Uys and Another 2017 6 SA 491 (GJ), there is a return to the former practice. The authors analyse this case and contend that it was correctly decided. However, the authors also draw attention to what the Strutfast case did not decide, and postulate that this implies that joining is also possible in alternative situations

Patterns of referral to Red Cross War Memorial Children's Hospital, Cape Town

Patterns of referral to Red Cross War Memorial Children's Hospital were studied to assess the appropriateness of referrals. From 1 July to 31 December 1987 all 9288 referral letters presented to the hospital were collected and a sample (4662 letters) analysed. It emerged that the patients were similar to those attending the outpatient department without referral, except that relatively fewer referred patients were black. The private sector, i.e. general practitioners, was the largest referral agency, followed by day hospitals. Most patients were referred to the outpatient department without an appointment. Of the specialist clinics, the surgical clinics (i.e. ophthalmology and ear, nose and throat) had the highest number of referrals. The majority of patients (84,9%) were not admitted. Only in 30,3% of referred cases did the hospital make contact with referral agents. Referral rates were highest from the predominantly coloured areas of the Cape Peninsula. The hospital cannot isolate itse" from the community it serves and needs to support and guide referral agents in order to improve the utilisation of the hospital. Training of health professionals in order to increase expertise is a priority. A study of the total patient population would facilitate the understanding of hospital utilisation. Similar studies could be beneficial at other hospitals

Die bepaling van die ‘sentrum van hoofbelange’ by oorgrens insolvensies: Is die Parmalat-benadering voldoende om die behoeftes van moderne handel te bevredig?

Despite various viewpoints on the determination of the centre of main interest (COMI), the legal question in this investigation is whether, and to what extent, the approach in In re Eurofood IFSC Ltd (the Parmalat case) brings about an effective solution for the determination of the location of the COMI of individual companies, either unattached or as part of a group (in contrast with companies forming a so called economic unit). There exists a presumption that the COMI is situated there where the company’s registered office is. This is the physical factor in determining the COMI. There is also a mental or psychological factor. The COMI must correspond with the place which third parties (including foreigners) regard as the place where the debtor ordinarily manages its business and most prominent interests on a regular basis. If the registered office is situated at one place and the judgment of third parties with regard to the COMI is elsewhere, the presumption will not come into operation and the ordinary onus of proof will rest on the party concerned. If the subsidiary’s registered office and the opinion of third parties point to the same location (in order for the presumption to come into operation) the holding company should lead more substantial evidence so as to rebut the presumption. The presumption shall not be rebutted easily. An essential and delicate process of weighing up relevant factors should take place. The COMI must be identified with reference to criteria which are objectively foreseeable by all parties involved

Development of a Fast, Sensitive and Robust LC-MS/MS Method for the Analysis of Natamycin in Wine

Natamycin is a naturally occurring antifungal agent used to inhibit the growth of moulds and yeasts.Characteristics such as low effective concentrations, broad applicability and neutral flavour impact make thiscompound an ideal preservative. Although widely used in the global food industry, natamycin is forbidden inwine in the European Union (EU). It is a permitted wine additive in South Africa, although export wines mustcomply with EU standards. Germany in particular implemented strict measures to prevent wines containingnatamycin from entering their market. Sensitive analytical methodologies with the capacity to regulate thissegment of the wine export industry are therefore required. Here we report on the development of a simple,robust and fast liquid chromatography-electrospray ionisation tandem mass spectrometric (LC-ESI-MS/MS)method for the determination of natamycin in wine. Sample cleanup involves dilution followed by direct elutionof natamycin from aminopropyl SPE cartridges. Recoveries are better than 80% relative standard deviation(RSD < 10%), while the limit of detection (LOD) of the method is 0.0003 mg/L, which renders it compliantwith EU standards. The method also yields qualitative information for positive compound identification. Thedegradation of natamycin in wine was also studied and kinetic parameters are reported in this matrix for thefirst time. The activation energy for the decomposition reaction is ~80 kJ/mol and the half-life under normalwine storage conditions is in the order of 20 days. As in the wine matrix, natamycin in aqueous calibrationstandards are labile, necessitating regular preparation and cold storage of standard solutions to ensure accuratequantitation

Multiple sclerosis in South Africa

Since there are no well-documented epidemiological studies on multiple sclerosis (MS) in South Africa, we devised a questionnaire to determine qualitative data. Responses were obtained from 430 patients: 91% had magnetic resonance imaging (MRI) scans, 64% had lumbar punctures and 49% had evoked potentials to establish the diagnosis of MS. A total of 71% of the respondents were aged 30 - 59 years, 73% were female, and 89% were white. In terms of MS type, 46% had relapsing-remitting MS, 13 % secondary progressive MS, 12% primary progressive MS, 12% benign MS, and 17% not known. Disease-modifying treatment was not used by 32% of respondents, and 30% were treated with methotrexate and 22% with interferon beta. These findings are similar to those in the literature, except for the under-utilisation of interferons as disease-modifying treatment. South African Medical Journal Vol. 98 (5) 2008 pp. 391-39

Average velocities of some ocean currents as deduced from the recovery of plastic drift cards

Twenty-four drift cards, released in 1964 through 1966 in the vicinity of Cape Town and at various locations in the Atlantic Ocean, have been recovered on the coasts of: North and South America, three islands in the South Atlantic, England, France, Nigeria, and Australia. The travel times indicated by 19 of these cards have been used to estimate the mean velocities of the presumed current systems involved. The rate of card recovery and the long distances traveled by the cards have proved conclusively that the solid polythene drift card is durable

The areca nut chewing habit and oral squamous cell carcinoma in South African Indians

A retrospective study (1983 - 1989) of oral squamous carcinomas and concomitant oral habits was undertaken in South African Indians from Natal. Information came from hospital records and interviews with patients, famlilies and friends. There were 143 oral squamous carcinomas; these occurred in a ratio of 1:1,6 for men and women respectively. Squamous carcinomas of the cheek (buccal mucosa, alveolar sulcus and gingiva) occurred most frequently, especially in women (57/89 - 64%), while in men tongue cancer predominated (22/54 - 41-%). Ninety-three per cent of women (83/87) and 17% of men (9/54) habitually chewed the areca nut. Thirty-nine of 57 women (68%) with cheek cancer and 21/25 (84%) with tongue cancer only chewed the nut (no tobacco, snuff or smoking). Analyses confinned an association between nut chewing and cheek cancer. The odds ratio (OR) for oral cancer in women 25 years and older who only chewed the nut was 43,9 and the attributable risk (AR) 0,89 (89%). With tobacco the OR increases to 47,42 and the AR to 0,91 (91%). The data showed that the areca nut habit with or without tobacco use is important in the development of oral squamous carcinoma. Elimination of this habit can reduce the risk in these women substantially (89 - 91%) if all other factors remain the same