Legal updates and opinions
News / News
LEX Africa | Insolvency and Business Restructuring Guide for Africa
by Eric Levenstein, Director and Head of Insolvency & Business Rescue
The sixth edition of the LEX Africa Insolvency and Business Restructuring Guide for Africa brings together an overview of insolvency and restructuring frameworks across 32 African jurisdictions. The guide is intended to provide businesses, investors, financial institutions and advisers with a better understanding of the approaches to insolvency, restructuring and distressed situations in different African markets.
Eric Levenstein contributed the South African chapter, which covers the key features of South Africa’s insolvency and restructuring framework, including the tests for insolvency and financial distress, liquidation, business rescue and compromises with creditors. It also addresses the treatment of creditors, employees and contracts, post-commencement finance, security and enforcement, and the recognition of foreign judgments and foreign insolvency practitioners.
Download the guide here.
Latest News
The Balancing Act: The Sharing of Company Information by Exiting Shareholders with Potential Third-Party Purchasers
and Emma Reid, Candidate Attorney INTRODUCTION The default position regarding who can access a company's records and information ("company information") [...]
Court Orders Gauteng Department of Health to Provide Cancer Treatment to Patients Awaiting Care
and Slade van Rooyen - Candidate Attorney and Farah Yassin - Candidate Attorney On 27 March 2025, the Gauteng Local [...]
Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle
and Isabella Keeves - Candidate Attorney In 1979 science communicator and physicist Carl Sagan wrote in his book Broca's Brain [...]
The Clock Is Ticking: Labour Disputes and the Perils of Miscalculating Timeframes
The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering [...]
Automatic Termination Clauses Do Not Trump the LRA: The Biyana Case
and Isabella Keeves – Candidate Attorney The CCMA’s recent decision in Biyana v National Consumer Commission (2025) 34 CCMA 7.17.2 [...]
Proposed R100 Billion Transformation Fund Will Have Significant Implications For Broad-Based Black Economic Empowerment (“Bbbee”) Regulation In South Africa
On 19 March 2025, the Department of Trade, Industry and Competition ("DTIC") issued a draft Transformation Fund Concept Document for [...]
