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Navigating the Distressed Horizon – Restructuring South African Businesses in 2026
by Dr Eric Levenstein Director and Head of Insolvency and Business Rescue Looking ahead to 2026, restructuring of businesses are set to increase as continued pressures [...]
The Introduction of a Dedicated Insolvency Court in Pretoria
by Eric Levenstein - Director and Head of Insolvency & Business Rescue and Amy Mackechnie - Senior Associate Following the great success of the pilot dedicated [...]
Voluntary liquidations: A cost effective and efficient method of conducting a corporate clean-up, and for ending the existence of dormant companies
by Brendan Olivier Quite understandably, the word 'liquidation' can send shivers down the spine, and cause a company director to run for cover. The negative connotation [...]
SME cashflow threats: when liquidation strikes a supplier or customer
by Brendan Olivier An SME that permits its customers and suppliers to trade with it on credit terms, does so in the hope that deferred payment [...]
There’s a new merger sheriff on the continent: Navigating the East African Community’s pending merger notification regime
by Pieter Steyn - Director and Raisah O Mahomed - Associate On 1 July 2025 the East African Community Competition Authority ("EACCA") published a notice ("Notice") [...]
Bafana Bafana’s World Cup qualification hanging by a thread
by Brendan Olivier, Director and Daniel Gewer, Candidate Attorney Bafana Bafana's prospects of taking to the field at next year's FIFA Mens' World Cup in North [...]
SME cashflow threats: ensuring that your security offers a protection against payment default
by Brendan Olivier, Director It's becoming all-too-common: an SME that provides goods and services on credit to a major supplier or customer, is suddenly and unexpectedly [...]
SME cashflow threats: ensuring that your contracts are worth more than the paper they are written on
by Brendan Olivier, Director When a key commercial supplier, or valued customer that is benefiting from long-standing payment terms and a line of credit, suddenly defaults [...]
The slippery slope of financial distress
by Eric Levenstein, Director and Head of Insolvency and Business Rescue and Brendan Olivier, Director Negative economic news stories appear in the media on a [...]
Business Rescue – SARS Liability Arises on the Transaction, Not the Assessment – The Henque Case
By Eric Levenstein - Director and Head of Insolvency & Business Rescue, Amy Mackechnie - Senior Associate and Kaymana Han - Candidate Attorney On 12 May [...]
Do shareholders need any reasons whatsoever, to remove a director from the board of a company?
Author: Brendan Olivier, Director, Insolvency & Business Rescue In the recent decision of Weir v Wiehahn Formwork Solutions (Pty) Ltd & others, the High Court was [...]
Swimming upstream – the case for assisting the struggling SME
Whilst there have been a handful of instances where we have been told, genuinely and somewhat accurately, that we've never had it so good, the unfortunate [...]
Troubled waters and looming distress as we enter the second half of 2025
by Brendan Olivier, Director Much has been written and said about the dangers posed to South Africa’s economy, by outside factors and macro-economic influences. These dangers [...]
When a withdrawal doesn’t really withdraw: Provisional liquidation is not set aside by withdrawal
by Walid Brown, Director and Nombulelo Bashe, Associate Introduction We were recently reprimanded by an opponent for having the temerity to insist on a final liquidation [...]
Business Rescue Is Not a Shield from Accountability: Director and Business Rescue Practitioner Held Liable
By Eric Levenstein, Director and Head of Insolvency and Business Resue and Amy Mackechnie, Senior Associate The recent decision in PH Strydom NO v Seacrest Investment [...]
No Claim? No Problem. Rethinking Creditor Rights in Insolvency Law
A recent judgment handed down in the Johannesburg High Court in Single Destination Engineering (Pty) Ltd and Another v Van Den Heever N.O. and Others (14 [...]
Dr. Eric Levenstein on Classic Business with Michael Avery
Dr. Eric Levenstein speaks to Michael Avery on the recent Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd judgment and the legal implications [...]
Breaking News – Supreme Court of Appeal Rules on Voting Rights of Post-Commencement Creditors in Business Rescue in Landmark Judgment
The Supreme Court of Appeal (SCA) in Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd has delivered a significant ruling confirming that post-commencement finance (PCF) [...]
Dr. Eric Levenstein on 702
Dr. Eric Levenstein, Director and the Head of the Insolvency and Business Rescue practice, discusses the increasing trend of companies choosing business rescue [...]
A Shift in Creditor Protections – The application of Section 34 of the Insolvency Act during Business Rescue Proceedings
Section 34 of the Insolvency Act 24 of 1936 (the "Insolvency Act") has historically safeguarded creditors' interests in South Africa by mandating public notice when businesses [...]
Section 22 – A Springboard into Business Rescue
and Caitlin Steytler – Candidate Attorney In August 2024, Statistics South Africa revealed that 1020 entities filed for liquidation in the first 8 months of 2024. [...]
Business Rescue: A tool for the realignment of capital resources in a distressed environment
In September 2024, corporate restructuring and business rescue remains an active area of practice. The market is seeing financial distress at the SME level and where [...]
Small To Meduim Enterprises Filing For Business Rescue
Dr. Eric Levenstein, Director and Head of our Insolvency & Business Rescue practice area, spoke to eNCA discussing the uptick in filings for business rescue [...]
SAFM Market Update: Cross Trainer Enters Business Rescue
Dr. Eric Levenstein, Director and Head of our Insolvency & Business Rescue practice area, had a discussion with Jimmy Moyaha of SAFM about the markets [...]
FAQ – Opportunities For Investors Arising from the South African Business Rescue Process
INTRODUCTION The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed [...]
