Category: Uncategorized

January 17, 2018

Uber drivers are employees, too

Last year, a few drivers of Uber South Africa Technological Services (Pty) Ltd (Uber SA) were “deactivated” for one reason or another. As a result, they lodged unfair dismissal disputes with the CCMA against Uber SA, who challenged the CCMA’s jurisdiction to arbitrate these disputes, claiming that the drivers were not employees but rather independent […]

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January 15, 2018

Road Carnage

I don’t know if I simply took more notice of the news than usual, but the recent holiday season seemed particularly bloody. Every other day we read about accidents in which multiple victims were killed or seriously injured. There is currently a push to tighten legislation and reduce speed limits to address the high road […]

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December 12, 2017

Until death do us part?

Starting a marriage is one of the most special moments you will experience as you plan a wedding and look forward to spending your life with that one special person. As we all know, marriage does not always last and therefore proper planning must be done in order to keep your assets safe. It is extremely important […]

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December 7, 2017

No more policing roads in gated communities

Another ground-breaking judgment applauded by the public (especially the ones residing in gated estates) was handed down on 17 November 2017 by the KwaZulu-Natal High Court in the matter of Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) and Others (AR575/2016) [2017] ZAKZPHC 48. Before digging into this judgment, […]

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November 28, 2017

A Tale of Two Sentences

Last Friday, while most South Africans were wrestling each other for cheap toilet paper, two men had their own black Friday when they heard their fate in their respective courts. Christopher Panayiotou received a life sentence for the murder of his wife, Jayde.  The interesting thing about this case was that he did not do […]

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November 23, 2017

Will SARS publish Zuma’s tax records?

The allegations (some prefer “revelations”) of tax impropriety against President Zuma made in Jacques Pauw’s book, The President’s Keepers, make me think of the equality clause in section 9 of the Constitution, as well as the provision of Tax statutes in South Africa. I am reminded of the pre-election public debate between Nelson Mandela and […]

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November 21, 2017

Deceased estates and maintenance claims

I have come across a few estates where the deceased has left a will and the children are appointed as the heirs. A maintenance claim was then lodged against the estate by the surviving spouse. The children would then argue that the spouse is not entitled to the maintenance and lodged an objection against the […]

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November 16, 2017

Playing Batman on social media

Recently snapshots of CCTV footage of a suspected car thief were posted and distributed on social media. The suspected thief was acquitted by the court, after he argued that his conviction was based on a prejudicial identity parade, because his face had been all over social media before the identity parade. Sounds peculiar, but this […]

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November 9, 2017

Lie detector tests and the CCMA

A polygraph test, also called a “lie detector test”, is used to determine whether a person is telling the truth. It is very important to note that polygraph tests must be conducted voluntarily and the consent to be examined must be in writing. Polygraph results are mostly used to assist investigators by pointing out the […]

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November 7, 2017

Panayiotou verdict: Faith restored

  On Thursday last week, Christopher Panayiotou and his co-accused were convicted of the murder of his wife, Jayde. Do yourself a favour and read the entire judgment. Following a high profile trial in the media gives you a bit of a disjointed picture of the case.  As you read the reports of each day’s […]

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