Serfontein Viljoen & Swart Attorneys

18/10/2022

We are very proud to announce that our own Debt counseling department, Debt Grip was voted one of the top 10 Debt counseling Companies in South Africa

Debt counselling is among the most effective ways to help people get out of debt. This list compiles the top 10 debt counselling companies in South Africa; they're all ready to provide you with relief.

31/05/2021

What does the Liquidation process involve?

a. The realisation (sale) of a company’s assets through private treaty or public auction;

b. To pay the costs incurred in the liquidation process;

c. Any remaining funds are paid and distributed to creditors:

i. In their prescribed order of preference; and

ii. According to the creditor’ rights and interests in the company.

Contact us to book a consultation if your company’s debt burden is becoming problematic. [email protected] | 012 362 2556

30/05/2021

What is Liquidation?

a. Shortly, a company will be placed in liquidation when it becomes unable to pay its debts as they become due.

b. A company can voluntarily proceed to declare itself as being insolvent; or

c. A creditor of the company can bring an application to court in order to have the company declared insolvent.

d. The result thereof is that the company may no longer proceed to operate its business.

e. The winding-up of a company, whether voluntary or involuntary, is done under the provisions of the New Companies Act, the Old Companies Act and the Insolvency Act.

Contact us to book a consultation if your company’s debt burden is becoming problematic. [email protected] | 012 362 2556 ]

This content is for general information purposes only and is not intended to constitute stand-alone legal advice.
Always consult a suitably qualified attorney on any specific legal problem or matter.

27/05/2021

SEQUESTRATION
·Sequestration is a much more stable and long-term solution to debt.
·Through sequestration, you get rid of approximately 80% of your debts, legally.
·All movable and immovable property of the debtor before and after the sequestration, fall within his insolvent estate and is available for distribution.
·Upon the sequestration of an insolvent, his estate is handed over to the Master of the High Court (the Master) who appoints a trustee for the insolvent estate.
·Insolvency comes to an end when the insolvent becomes rehabilitated, which means that he is released from his pre-sequestration debts. The insolvent is therefore provided the opportunity of a new start.

Contact us to book a consultation to assess whether you qualify for sequestration. [email protected] | 012 362 2556

This content is for general information purposes only and is not intended to constitute stand-alone legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.

26/05/2021

An individual can voluntarily declare themselves insolvent, or bankrupt, and file for sequestration if their debt has become too great and unmanageable and their liabilities exceed his or her assets.

Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.

The upside is that you effectively walk away from your debt and your future income is protected from creditors.

Contact us to book a consultation to assess whether you qualify for sequestration. [email protected] | 012 362 2556

This content is for general information purposes only and is not intended to constitute stand-alone legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.

25/05/2021

An individual can voluntarily declare themselves insolvent, or bankrupt, and file for sequestration if their debt has become too great and unmanageable and their liabilities exceed his or her assets.

Sequestration is defined as the surrender of an individual’s estate to the High Court under the governance of the Insolvency Act.

The upside is that you effectively walk away from your debt and your future income is protected from creditors.

Contact us to book a consultation to assess whether you qualify for sequestration. [email protected] | 012 362 2556

This content is for general information purposes only and is not intended to constitute stand-alone legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.

24/05/2021

Advantages of sequestration.
-If your debt has become unmanageable you may choose to go into voluntary sequestration/bankruptcy.
-This means that you declare yourself insolvent and surrender your assets to the high court.
-After sequestration you will be able to turn over a new leaf and start fresh, without the weight of your debt.

Contact us to book a consultation to assess whether you qualify for
sequestration. [email protected] | 012 362 2556

This content is for general information purposes only and is not intended to constitute stand-alone legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.

09/05/2021

Unfair Dismissal

A dismissal may be unfair if there is no valid reason and/or no fair procedure was followed.

06/05/2021

Did You Know?
Misconduct refers to the actions of an employee whereby the employer’s internal rules and regulations are breached. Serious misconduct, such as gross dishonesty and willful destruction of property, may result in dismissal.

05/05/2021

Did You Know?
An employee should not be suspended unless there are prima facie grounds for believing that the employee has committed serious/gross misconduct and that there is a necessity, as well as objectively just reasons, to remove the Employee from the workplace.

04/05/2021

Poor work performance:

a. Poor work performance occurs when the employee is unable to meet the standards or targets set by the employer on a repeated basis. The standards or targets that are set must be reasonable, lawful and attainable for the dismissal not to be unfair.
b. The Employer should also assist the Employee by providing training or such other reasonable assistance as may be necessary for the Employee to render satisfactory performance.

03/05/2021

Demotions may be fair if:

a. It is done to avoid retrenchment.
B. It is done to avoid a dismissal for incapacity.
c. It is implemented as a disciplinary penalty (for a valid reason and subsequent to fair procedure).