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A South African perspective on the role of Pro Bono lawyers
This article was first published in TYL, a publication of the American Bar Association's Young Lawyers Division As a democracy, South Africa is somewhat of [...]
Labour laws – fairness to all parties
South African labour laws have been deliberately crafted in order to create a protective regulatory environment for employees. Additionally, labour dispute resolution forums such as [...]
Faking sickness in order to attend a political march: You have a huge price to pay
Our labour law allows employees to take paid sick leave when they are sick in order to attend to their health. This is so because [...]
Employment in South Africa – a relationship built on trust
The employment relationship between an employer and its employees is heavily regulated in South African law and there are a number of statutory instruments which [...]
Testing the reliability of breathalyser tests
and Nombulelo Bashe, Candidate Attorney Whilst employers regularly rely on the convenience and accessibility of a breathalyser test to determine whether employees are under the influence [...]
Salary made up of commission: What rules apply?
Although South African labour law has a lot to say about minimum terms and conditions of employment, and pieces of legislation such as the Basic [...]
Sustainable housing: Navigating the legal landscape for a green and resilient future
One of the first principles recognised in the Paris Agreement[1] is the importance of "sustainable lifestyles and sustainable patterns of consumption and production… [which] play [...]
Powers of the Information Regulator and how the Department of Justice could have avoided a R5 million fine
There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came into effect two years ago. Many [...]
The extent of an arbitrator’s jurisdiction
In the recent decision of Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd & Others[1] the Supreme Court of Appeal ("SCA") was required to determine [...]
Exercising due caution with regard to open source software in private equity transactions
Private equity investors play a role in supporting the growth and development of companies in South Africa. When a private equity investor is considering an [...]
Proposed draft legislation to replace Practice Note 31 of 1994
An indispensable requirement for the claiming of an income tax deduction is that the taxpayer must be carrying on a trade and the expenditure in [...]
Ruling in favour of the Digital Age: Local and foreign courts give a to electronic agreements and signatures
and Karabo Kekana, Candidate Attorney Recently a Canadian court decided that a emoji constituted an electronic signature and resulted in a binding and enforceable sale agreement. [...]
ESG in Private Equity Funds: Insights from the Super Return Conference 2023
The integration of environmental, social, and governance (ESG) factors has become a crucial consideration for investors across various asset classes, including private equity funds. I [...]
Powers of the Information Regulator and how the Department of Justice could have avoided a R5 million fine
There has been great anxiety amongst organisations since the Protection of Personal Information Act 4 of 2013 (POPIA) came into effect two years ago. Many [...]
When is an instruction to work overtime unlawful and unenforceable?
and Nombulelo Bashe, Candidate Attorney AMCU obo Mkhonto v CCMA and Others (JR 2266/17) [2023] ZALCJHB (13 February 2023) Insubordination occurs when an employee fails to [...]
Conciliations and the importance of maintaining impartiality
and Tasreeq Ferreira, Candidate Attorney Issue Whether comments made by a commissioner in conciliation proceedings could give rise to a basis to request his recusal from [...]
When reinstatement is not permissible
and Kelly Sease, Candidate Attorney In terms of section 193(1) of the Labour Relations Act 66 of 1995 (as amended) (the LRA), an arbitrator has a [...]
Does section 11 (1) of the MPRDA apply to an indirect change in control?
and Mmatshepo Papo - Candidate Attorney In the recent decision of Vantage Goldfields SA (Pty) Ltd & Another v Arqomanzi (Pty) Ltd & Others[1] (Vantage) the [...]
When is an order of a lower court appealable to a higher court?
Until the recent decision of TWK Agriculture Holdings (Pty) Ltd v Hoogveld Boerderybeleggings (Pty) Ltd and Others[1] (TWK) it had become vogue for courts to [...]
Tax Court or the High Court? The SCA weighs in
The SCA recently handed down two judgments dealing with certain procedural aspects of dispute resolutions as provided for in the TAA. The key takeaway in [...]
The Supreme Court of Appeal steps in to protect the rights of dual-citizens
Many South Africans were unaware that, until 13 June 2023, if they acquired citizenship in another country (other than by birth) they would lose their [...]
Exploring the right to privacy
Where does the right to privacy begin? Where does it end? Consider this in the context of a recent decision of the European Court of [...]
But first, there is a duty to exhaust internal remedies!
Before an aggrieved requester can approach a court for appropriate relief, following a decision of refusal for access to a record, such requester must first [...]
One database for all your identification information? Privacy considerations
The Department of Home Affairs (Home Affairs) recently published the Draft National Identification and Registration Bill (Draft Bill). The Draft Bill aims to provide for, [...]
AI and protection of data in the mining industry
and Chiara Ferri, Candidate Attorney The mining industry in South Africa has embraced to digital transformation. Machine Learning, Big Data and Artificial Intelligence ("AI") are [...]
