As a company director you must comply with a plethora of legal and fiduciary duties, so it’s essential to manage your risk of being sued personally for company debts and losses. 

The good news is that protecting yourself from this sort of liability isn’t a hugely complicated process (we’ll share some tips) – but it is worth getting right! As a recent Supreme Court of Appeal decision shows, big money can be at stake (R41.4m in this case) and the outcome could be touch-and-go if you aren’t prepared. 

The new school year is upon us! Amidst all the excitement and angst of the “back-to-school” mayhem, let’s have a look at an important new High Court decision tackling the thorny question of whether learners can be barred from school if their parents don’t pay fees.

The Court’s decision, interdicting a father from enrolling his daughter in the school that he owes R407k, discusses the potentially competing rights at play – the best interests of minors, our constitutional right to education, and the rights of schools to collect fees.

Defamation has been with us since the beginning of recorded history, but our digital age has spawned the rise of a particularly pernicious phenomenon – online “revenge porn”. Victims are easy prey for their tormentors, as their private images and videos develop a life of their own in cyberspace. 

On the plus side, our courts have signalled clearly that they will not tolerate such digital abuse, with a recent R3.55m damages award against a couple. Hopefully their traumatised victim will take some solace from her comprehensive legal victory.

“Juristic Person”

“Juristic (or legal) personality” is an important concept stemming from the principle that certain entities can have the same rights and responsibilities as “natural persons” or “individuals”. They can therefore trade, enter into contracts, hold assets and incur liabilities in their own names.

The definitions of “juristic person” or “person” vary according to the legislation, but – generally speaking – companies, other corporate entities, NPOs and similar bodies are all regarded as juristic persons. Trusts and partnerships are, somewhat confusingly, not juristic persons – but they can be treated, and are sometimes defined, as having a separate legal identity in various contexts.