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Treatment of Trust Interest and Trust Bank Charges – Section 86(2) Trust Accounts
Treatment of Trust Interest and Trust Bank Charges – Section 86(2) Trust Accounts 1. Policy Title Accounting Treatment of Trust Interest, Trust Bank Charges, VAT Components, and LPFF Settlements for Section 86(2) Trust Accounts 2. Purpose of This Policy This policy prescribes the correct accounting treatment for: Interest earned on attorneys’ trust accounts governed…
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Case Analysis: South African Riding for the Disabled Association v Regional Land Claims Commission, Western Cape and Others [2025] ZACC 25 (13 November 2025)
1.0 Introduction and Factual Background The dispute between the Sadien family land claimants and the South African Riding for the Disabled Association (SARDA) presents a complex intersection of constitutional rights within South Africa’s land restitution framework. This fifteen-year litigation journey, which culminated in the Constitutional Court in 2025, illustrates the inherent tensions that can…
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A Conceptual Framework for Understanding Prescription and Embargo Provisions in Levy Claims
Introduction It was with interest that I, having been the attorney for the purchaser in the Fernbrook case, read the recent article by Ernst Serfontein in DE REBUS examining prescription of HOA and body corporate levy claims, which helpfully surveys the developing case law in this area. The apparent tension between cases like Lukhele v…
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CSOS does not Oust Jurisdiction of the High Court
Case Summary: Parch Properties 72 (Pty) Ltd v Summervale Lifestyle Estate Owners’ Association and Others [2025] ZASCA 155 Court: Supreme Court of Appeal (SCA)Case No: 171/2024Judgment Delivered: 17 October 2025Coram: Mokgohloa, Baartman and Coppin JJA, Steyn and Tolmay AJJA Background Parch Properties 72 (Pty) Ltd (“Parch”) developed 55 “garden cottages” on Erf 6343, Strand, adjacent…
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Does mere membership of a close corporation expose a member to personal liability under section 65 of the Close Corporations Act, when the corporation’s juristic personality is grossly abused?
Crous v Wynberg Boys High School and Others Case No: 200/2024 [2025] ZASCA 107 (18 July 2025) Parties Facts Issue Does mere membership of a close corporation expose a member to personal liability under section 65 of the Close Corporations Act, when the corporation’s juristic personality is grossly abused? Law Decision Judges Attorneys For Appellant…
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Liberalising the Grid: Independent Power Producers and the Transformation of South Africa’s Electricity Market
High-level landscape & history Dominance of Eskom and state model Historically, South Africa’s electricity sector has been vertically integrated, dominated by the state-owned utility ity Eskom, which generates, transmits and distributes most of the electricity. [1] Eskom’s generation has been overwhelmingly coal-based, and its plants are ageing, leading to frequent breakdowns and unreliable supply (i.e.…
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Strengthening South Africa’s Banking Safety Net: Pillar 3 Disclosures and Loss Absorbency Rules
The Prudential Authority: Institutional Overview In South Africa, the Prudential Authority (PA) is a financial regulator that operates within the South African Reserve Bank (SARB). It was established on 1 April 2018 under the Financial Sector Regulation Act 9 of 2017 (FSR Act) as part of South Africa’s move to a “Twin Peaks” model of…