We’ve covered South African appraisal rights before, including the mechanics of appraisal, results from that jurisdiction, and the reach of the statute. In a new journal article in the South Africa Law Journal, Professor Maleka Femida Cassim discusses the divergent approaches of two South African High Court cases to the interpretation of “fair value.” The
South Africa Appraisal
South African Appraisal Rights: Details of Settlement Provide Unique Look Into Bid-Ask Dynamic
We’ve covered South African appraisal rights before – it remains a jurisdiction with active valuation and appraisal disputes making the news. One recent news article recaps a situation involving South African appraisal in the case of Sabvest Capital/Sabcap.
Per the article, and this filing, “Sabcap” acquired all the shares of “Sabvest” in exchange for…
South Africa: Mechanics of Appraisal Examined
South African firm Cliffe Dekker Hofmeyr (CDH) has published this analysis discussing the mechanics of South African appraisal – a jurisdiction we’ve covered multiple times before. The relatively new appraisal remedy in that country is maturing quickly as courts continue to grapple with various appraisal issues. In the most analysis, CDH discusses a case…
South African REIT Shareholders Get Positive Appraisal Result
According to the Cape Times, South African real estate investment trust Hospitality Property Fund (“HPF”) was recently ordered by the South African High Court to reinstate certain shareholders and pay them a dividend as the result of an appraisal rights action under Section 164 of the South African Companies Act – that country’s appraisal regime. …
Summary of South Africa Appraisal Rights
2018 was an active year for South African appraisal, with new caselaw showing a greater maturity to the (relatively recent) appraisal remedy. We covered some developments before.
African law firm Cliffe Dekker Hofmeyr (CDH) has written an extensive summary of South African appraisal law – often referred to as Section 164. CDH notes that (like…
South African Firm Weighs In on New Appraisal Case
As we previously covered, a recent South African court decision has clarified the scope of appraisal rights in that country with respect to a deal that was other than a classic merger.
Webber Wentzel, a law firm practicing in South Africa, has written this piece on the decision, concluding, “The decision of the High…
South Africa: Appraisal Rights Exist in Sale of Assets from Sub.
A South African trial court has found that an investor who owned shares of a parent company which sold off its operating subsidiary is entitled to appraisal rights. The case concerns the appraisal rights of an activist investor in the company KWV, which had an operating subsidiary that owned liquor assets. According to a press…