Dr Samantha Smith is STBB's chief Content Writer and Legal Editor. She graduated with a BSocSci, LLB, LLM, and PhD (Law) from the University of Cape Town. Skilled in socio-legal analysis, critical thinking, and creative and technical writing, she previously worked in investigative legal research, with a special focus on animal law and environmental policy. As of February 2024, Samantha handles all STBB content. This includes brainstorming and writing all social media, newsflashes, newsletters, digital and print advertisements, magazine articles, and all webinar and podcast write-ups. Additionally, she attends to tenders and proposals, legal updates and presentations, biographies, brochures, information sheets, content for special projects, and various other digital publications and communications.

Pulse | February 2025

STBB celebrates renowned corporate and commercial law expert, Adam Ismail

It is with great pride and excitement that we announce that Adam Ismail, Director and Head of Corporate and Commercial Law at STBB, has once again been ranked in the prestigious upcoming edition of Chambers Global Guide in the Corporate/M&A category.

With 24 years of post-admission experience, Adam is a highly skilled and sought-after legal practitioner with extensive expertise in handling complex mergers & acquisitions, B-BBEE structuring, commercial real estate transactions, including high-profile property development deals, and inbound investments in South Africa and sub-Saharan Africa.

Adam’s inclusion in this year’s Chambers Global Guide, which ranks distinguished global lawyers across more than 200 jurisdictions, reflects the exceptional quality of his work in the corporate and commercial sphere, the emphasis he places on efficiency and accountability, and his steadfast commitment to unrivalled client service.

We are honoured to have a legal expert of Adam’s calibre and integrity at STBB and look forward to many more years of continued excellence and collaboration.

For expert and efficient legal guidance in corporate matters, contact Adam and his team.

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The case of the post-retirement dismissals: Con Court fails to reach consensus in crucial employment law matter

Under South African law, dismissing an employee based solely on their age is deemed automatically unfair, unless that employee has reached the agreed or normal retirement age for individuals employed in their line of work. Over the years, our judiciary has grappled with whether an employer is permitted to dismiss an older employee at any stage after they have reached the agreed or normal retirement age. Presented with the opportunity to finally settle the law, the country’s apex court failed to agree on this increasingly common employment issue.

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Thought of the week: Why you need a skilled divorce attorney sensitive to family dynamics

When we enter into a marriage, we rarely anticipate its dissolution. Undoubtedly, divorce is an exceptionally challenging life event, which can be emotionally overwhelming, psychologically deleterious, and financially disruptive. During this difficult time, selecting a divorce attorney, who is not only skilled and knowledgeable, but understands the sensitivities and complexities of diverse family and domestic relationships, is imperative.

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Business rescue update: Watershed SCA judgment confirms that ‘creditor’ includes post-commencement creditors

Late last month, the Supreme Court of Appeal (‘the SCA’) settled a long-standing legal debate: Within the scope of business rescue proceedings, which is regulated under Chapter 6 of the Companies Act (‘the Act’), the term ‘creditor’ embraces both pre-commencement and post-commencement creditors. Accordingly, post-commencement creditors are permitted to vote on a financially distressed company’s business rescue plan.

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Legally Speaking: Managing Estates Across Jurisdictions (Part One)

In part one of this month’s engaging two-part series, estate law specialist and Senior Associate, Caryn Avenant, discusses the challenges and practicalities of administering an estate in instances where an individual resides in another country and retains assets in South Africa or where an heir lives abroad. Additionally, she provides practical guidance in scenarios where a South African resident passes away while overseas and the foreign jurisdiction issues a death certificate in a language other than English. Tune in now for expert legal advice!

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Resolving disputes in sectional title schemes: Practical guidance

In this month’s enlightening webinar, long-standing Director and litigation expert, Martin Bey, examines dispute resolution in the context of sectional title schemes. Undoubtedly, the nature and extent of sectional title disputes – and their most appropriate solutions – vary widely. Sometimes, mediation is preferred over litigation. In other instances, an initial referral to the Community Schemes Ombud Service (‘CSOS’) may be essential. Ultimately, the best path forward is shaped by various factors and practical considerations. To that end, Martin will expertly guide viewers through the legal mechanisms for optimal dispute resolution. If you’re a sectional title owner or tenant, prospective purchaser, or astute estate agent interested in expanding your legal knowledge, you won’t want to miss this informative webinar.

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