South African labour law is an example of legislation that is all encompassing and one that protects the ‘little guy’. While this is a positive attribute it occasionally goes too far and makes life impossible for an employer. For example, there is a strict procedure that must be undertaken when dismissing an alcoholic employee. If […]
If you’re submitting documents overseas, it’s important to remember that merely providing the documents does not mean that they will be considered to be genuine. The types of documents that may be submitted vary but could include documents of a contractual nature or documents that reflect your educational qualifications, Powers of Attorney and documents pertaining […]
I fondly remember the prestige and pride that engulfed me as I successfully opened my savings, cheque and credit card accounts with Volkskas in 1995, or was it 1997? Little did I know that my pride then was a product of my oblivion as Volkskas existed primarily to further Afrikaner empowerment – while I may […]
8 June 2017 will long be remembered in South African legal history. Last week, the Constitutional Court handed down a landmark judgement which will empower poor and impoverished people and assist them in realising the socio-economic rights which have been promised by the government, with very little delivery. The Court set aside the eviction of […]
On 4 May, SARS issued a Binding General Ruling (BDG) VAT 41 as a sequel to its BDG VAT 40 published on 10 February. This is intended to finally put to rest the treatment of activities conducted by Non-Executive Directors (NEDs) as those falling under proviso to the definition of “enterprise” in section 1(1) of […]
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 […]