Category: General

October 19, 2017

Have you been hacked?

All was well in our online Rainbow Nation until 17 October 2017, when an Australian security researcher, Troy Hunt, tweeted the following to his South African followers “I have a very large breach titled “masterdeeds”. Names, genders, ethnicities, home ownership; looks gov, ideas?” Yip, this is the real deal! Allegedly about 30 million of South […]

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October 12, 2017

Can an employee withdraw a resignation?

A resignation is one of the means of bringing a contract of employment to an end. Hence, a resignation is a unilateral action. An employee does not (necessarily) need the employer’s cooperation when tendering in his/her resignation and the employer need not accept the resignation for it to be effective. Most people are still not […]

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October 10, 2017

#lionmama – A Hero

A popular plot in crime novels and TV shows involves someone committing a murder under circumstances where the reader or viewer sympathises with the murderer. There are variations on the theme; the deceased could be an abusive partner or someone who is abusing the murderer’s child, or the murder could be an act of vengeance. […]

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October 3, 2017

Political parties may soon have to reveal their sources of funding

Knowing where political parties receive their funding is a useful and informative method of making an informed and responsible vote. In considering this, the High Court in the Western Cape came to a potentially ground-breaking decision last week. The question before the court was whether political parties should be required to disclose from whom or […]

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September 28, 2017

Should I be in physical pain before I complain?

No. A lot of people are under the impression that domestic violence is limited to physical abuse in a domestic relationship. However, domestic violence can also include the following: Sexual abuse Stalking Emotional abuse, which includes threats, humiliating behaviour as well as repeated insults Economic abuse Controlling or abusive behaviour which poses a threat to […]

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September 27, 2017

Making full use of the Rental Housing Tribunal

The Rental Housing Act provides for the establishment of the Rental Housing Tribunal which is a statutory body equipped with mechanisms to resolve disputes between landlords and tenants. The services it provides are free and are therefore a cost-effective approach in dealing with any rental dispute. Any tenant or landlord or group of tenants or […]

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September 26, 2017

A reflection on pro bono

When I reflect on the pro bono work that my firm has done over the past few years, there is not a particular case that stands out. What stands out for me is the fresh perspective that the pro bono work has given me. Pro bono work has revealed the poignant side of the law […]

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September 21, 2017

Can an admission of indebtedness made by a debtor at genuine and without prejudice settlement negotiations be admissible to interrupt the running of prescription?

As a rule of thumb, genuine and bona fide negotiations, be they oral or in writing, between parties aimed at and undertaken with a view to a settlement of their disputes are privileged from disclosure as evidence whether or not the negotiations have been stipulated to be without prejudice. The without prejudice rule of English […]

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September 19, 2017

Mutual separation agreements at work

Not many of you are aware, but there is a quick, easy and cost-effective way to get rid of that unwanted employee, without having to be dependent on a charge of misconduct, incapacity or operational requirement. This is called a mutual separation… An employer and employee can agree to enter into a mutual separation agreement […]

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September 14, 2017

Some (real) good news

If you are active on any form of social media (and if you are reading this, you must be), you will have seen the touching story in which an under 16 cross-country runner stopped to help another runner who had collapsed 150 meters from the finish line. It was so refreshing to see some good […]

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September 12, 2017

Firing an employee after probation

Starting a business is, and always will be, a risk. There are many factors at play that determine whether it will be a success or a failure, one of which is having to employ people. One way employers attempt to combat this risk is to employ people on a probationary basis, in essence giving them […]

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September 7, 2017

World Literacy Day and the right to an education

With World Literacy Day coming up, it is opportune to consider what an education means to a child. An education not only uplifts children, but allows for the development and fulfilment of their potential. Ideally, every country in the world should have a 100% literacy (and numeracy, for that matter) rate, which means that every […]

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September 6, 2017

The unsung heroes of any business

Today is secretaries’ day.  But I think it should be called support staff day. In a business that sells products, when there is a big sale, the sales team gets the credit. In a manufacturing business, when there is a production record, the production team gets the credit. When an advertising agency wins a Cannes […]

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