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 […]
Sabina Chivasa The case of Strydom vs Strydom provides us with some guidance with regards to applying for a variation of a maintenance order to reduce the amount payable. In the above-mentioned case, the Honourable Judge stated that the crux of the matter was whether the appellant was financially able to pay the maintenance demanded […]
This guide is an easy reference, pocket-sized overview of the South African Tax System and residential property, incorporating announcements made in the Budget delivered on 22 February 2017. Click here to download. Click here to view online.
Arno Bosch We have had many queries relating to the credit granting process, both from a consumer’s perspective and from a credit provider’s prospective. Recent amendments to the National Credit Act have made the process a bit more cumbersome but certain obligatory inclusions have been made to protect both the consumer and the credit provider. […]
FRANK SETATI According to the long-standing Shifren principle, an oral variation of a written agreement (made an order of the court) is rendered invalid if the written agreement includes a non-variation clause. The principle was established and entrenched in the Appellate decision of Shifren and Others v SA Sentrale Ko-op Graanmaatskappy Bpk 163 (2) SA […]
Almie Fourie Some of you may not know this, but South African law joined the social media revolution as far back 2012! Amendments to the High Court Rules during July 2012 brought about an extension to Chapter 3 of the Electronic Communications and Transactions Act (the ECTA), providing for service of court documents on litigants […]
James Bush South African Labour Law is a fine example of legislation which protects two parties (in this case, the employer and the employee) equally. This ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. This delicate balance becomes slightly complicated when Trade Unions, purporting to act in […]
Arno Bosch Everyone involved in the granting of credit would be well aware of the so called MFSA (Micro Finance South Africa) Rates and Fees court case that has been ongoing for the last couple of years, where the MFSA sought the review of the Regulations published by the DTI dealing with the limitations on […]
Frank Setati Gerrie Nel’s decision to resign from the National Prosecuting Authority to join Afriforum’s Private Prosecutions Department (department here used loosely) was met with mixed legal emotions from all and sundry. In the South African Criminal Justice System, the NPA, on behalf of the State, is clothed with the authority to prosecute alleged criminal […]
WHAT IS YOUR TENANT LIABLE FOR WHEN VACATING YOUR PROPERTY? Almie Fourie For a long time, the most renowned dispute between a landlord and a tenant occurs at the point where a tenant vacates the leased property and a calculation of damages occasioned to the property whilst in the care of the tenant must be […]