The steady publication of the Zuptagate emails over the past 2 weeks has given South Africans interesting insights into what seems to happen behind the scenes of politics and some big businesses. Some of the information that has emerged has also given us startling insight into the way information can be manipulated. Of course, we […]
If you are a credit provider you will at some point have to delve into the financial history of a potential client to determine whether or not it would be a financially wise decision for you to enter into a business relationship with such consumer, or in the event of a company screening a prospective […]
With the alarming number of fatalities on our roads in recent months the Metro Police and the SAPS have been out in full force. Unfortunately, due to corruption and dishonesty, you can never be sure of the intentions of an officer when being pulled over. So, what are you legally required to do? A uniformed […]
The unspeakable rape and murder of 3 year old Courtney Peters and the gruesome murder of Karabo Mokoena, allegedly at the hands of her boyfriend, have thrust the issue of violence against women and predominantly female children into the headlines again over the past couple of weeks. These events have followed countless acts of violence […]
Contrary to widespread belief, a restraint of trade is an enforceable agreement between an employer and employee that restricts an employee from taking up employment with a competitor or commencing a business which will essentially be in competition with the employer. A restraint enables an employer to protect the proprietary information of its business such […]
Another ground-breaking judgment applauded by the general public was handed down on 5 April 2017 by the KwaZulu-Natal High Court in the matter of Westwood Insurance Brokers (Pty) Ltd v Ethekwini Municipality and Others (8221/16) [2017] ZAKZDHC 15 (5 April 2017) when the Court found the conduct of several employees of the eThekwini Municipality careless […]
As a matter of common sense, people who approach courts for relief are entitled to legal representation. It follows that they are entitled to expect that every effort will be undertaken by their chosen legal representative to ensure that their cases are properly prepared and presented to courts. Thus, every legal representative owes the duty […]
On 31 March 2017 Judge Davis, in the matter of Prince v Minister of Justice and Constitutional Development and Others; Rubin v National Director of Public Prosecutions and Others; Acton and Others v National Director of Public Prosecutions and Others (4153/2012) [2017] ZAWCHC 30 (31 March 2017) handed down an extremely controversial judgment legalising the […]
With the Easter weekend fast approaching the country’s roads will be full of holiday-makers, eager to escape the hustle and bustle of the city. This time of year inevitably leads to an increase in car accidents, the effects of which can be numerous and varied. So the question is, what does the law require a […]
Paying maintenance can often be a thorny topic between couples going through a divorce or separation. Often, the person primarily responsible for paying maintenance will try escape their liability by advancing the argument that the children should be moved from a private learning institution to a government learning institution. In this blog, I will briefly […]
Employers need to be weary of the potential pitfalls that come with employing employees on a temporary basis. It may seem like a shrewd decision to only employ workers on a temporary basis, renewing a contract monthly or every couple of months, to avoid potential headaches brought by having to comply with labour legislation. However, […]
The purpose of the Protection of Personal Information Act (POPI) is to give effect to the constitutional right to privacy by safeguarding personal information when processed by a responsible party. Such a right is subject to justifiable limitations and to provide people with rights and remedies to protect their personal information from processing that is […]
At the beginning of March, another ground-breaking judgment was handed down which was applauded by the general public. The Eastern Cape High Court passed a judgement which now makes it possible for private citizens to perform basic service delivery and claim the costs of performance from the government, the very same people who are supposed […]
Robin Twaddle You may have noticed that we write about wills quite often. This is because, as lawyers, we cannot stress the importance of having a will enough. Just as trauma doctors see the consequences of drinking and driving first-hand, we see the consequences of dying without a will first-hand. I suppose our natural resistance […]
Arno Bosch The Final Credit Life Insurance Regulations, which were published at the end of January, will come into effect 6 months after the date of publication. These Regulations place a severe cap on what may be charged in respect of credit life insurance. Previously, credit providers basically had carte blanche on charges in respect […]