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You cannot have your cake and eat it: Lessons from J 1233/20 – Busisiwe Khumalo vs IDC of SA & Bongani Luthuli
The facts of this case are simple and straightforward. Ms Khumalo was employed by the IDC. Allegations of misconduct were brought by the IDC against her [...]
The importance of placing of a complete record of the arbitration proceedings – the transcript of the arbitration proceedings
On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court [...]
Restoring a financial distressed company to solvency – is it achievable in corporate South Africa?
With continued unpredictable loadshedding schedules, a logistics crisis at our ports costing the South African economy R100 million per day, and with rampant consumer inflation (reported [...]
Five tips to optimise your first consultation with an attorney
by Ngwalemorwa Matsapola, Candidate Attorney. Reviewed by Naledi Motsiri, Director. Consulting with an attorney for the first time can be a nerve-racking experience for most individuals [...]
The future paradigm for insolvency
Unpacking the impact of distressed corporates, economic uncertainty and director apathy on insolvency practitioners in South Africa. Dr Eric Levenstein is Head of the Insolvency and [...]
Crypto providers running out of time…
and Hlonelwa Lutuli, Candidate Attorney On 19 October 2022, the Financial Services Conduct Authority ("FSCA") published the Declaration of a Crypto Asset as a Financial Product [...]
An Overview of the Domestic Violence Act
Recognising that domestic violence in South Africa is a serious social evil, and that victims of domestic violence are amongst the most vulnerable in society, [...]
Amazon Brand Registry Registration
With Amazon hitting South African shores in 2024, South African vendors can register their products ahead of time. Vendors can also register their brands with Amazon [...]
Tax Amendments 2023
DOWNLOAD PDF On 1 November 2023, when the Minister of Finance presented his Medium Term Budget Policy Statement to Parliament, he also tabled various fiscal Bills. [...]
National Health Insurance: a future for medical schemes? Possibly.
Millions of South Africans derive a certain peace of mind that their healthcare needs will be covered by the provision of medical scheme insurance. Medical schemes, [...]
From Locked-In to Knocked Out: Vodacom’s million-rand fine by consumer watchdog and what it means for individuals and businesses
and Danelle Plaatjies, Candidate Attorney The National Consumer Tribunal recently issued Vodacom with a R1 million fine for contraventions of the Consumer Protection Act (the "CPA"). [...]
South Africa: Recognition and Protection of Karoo Lamb as a Geographical Indication
South African Geographical Indication's ("GI") include Rooibos (Western Cape), Honeybush (Eastern Cape and Western Cape), and several wine GIs including Stellenbosch, Constantia and Paarl, which are [...]
Liability for defamation by AI
Generative AI has exploded into the public consciousness and into widespread use with the emergence of language processing tools (or large language models (LLMs)) such as [...]
Is an agreement referring to unannexed annexures void for vagueness?
The courts have held that at times when agreements are being interpreted, the proper meaning of words may initially appear to be ambiguous, ill-defined or otherwise [...]
Private equity exits: Will the new Competition Commission merger guidelines stifle or encourage investment appetite?
Reviewed by Dominique Arteiro, from a Competition Law perspective, Director. In any private equity investment life cycle, the exit environment is a fundamental factor. For a [...]
Sub- contract agreements vs the letting of mining rights
It is the ordinary course of business for South African mining right holders ("MRH") to contract with third party service providers to carry out some, or [...]
National Treasury sees the light regarding foreign employers
The latest feedback received from National Treasury regarding the proposal to require foreign employers to register for employees' tax (Pay-As-You-Earn) has been significantly watered down but [...]
Delegation of authority in the context of corporate governance
Delegation of authority is an important element of effective corporate governance for companies. It involves the process of the board of the company conferring certain powers [...]
Parenting is a job for two: The High Court declares the provisions relating to parental leave unconstitutional
and Anna Tchalov, Candidate Attorney In the matter of Van Wyk and Others v The Minister of Employment and Labour and Others handed down on 25 October 2023 [...]
Religious freedom and operational requirements: which one should prevail?
and Nombulelo Bashe, Candidate Attorney Culture is the sum total of the beliefs and traditions of a particular society and religion is a manifestation of culture, [...]
Consequences of employees misrepresenting their qualifications and professional memberships
and Tasreeq Ferreira and Nombulelo Bashe, Candidate Attorneys Issue Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met [...]
The importance of a complete record of the arbitration proceedings
Lessons from Minister of Police v Police and Prisons Civil Rights Union (POPCRU) Obo Senti and Others (PA15/2021) [2023] ZALAC 19 (23 August 2023) The importance [...]
The Electricity Regulation Amendment Bill: A New Era for the Energy Sector?
The Electricity Regulation Amendment Bill [B 23 - 2023] (the Bill), has been published for comment and aims to introduce an array of significant amendments to [...]
The in duplum rule: some insights
and Lwazi-Lwandile Simelane, Candidate Attorney Interest stops running when the unpaid interest equals the amount of the outstanding capital claim. This principle is referred to as [...]
The importance of a legal due diligence when acquiring a commercial farm in South Africa
A common transaction structure that is utilised by a purchaser to acquire a commercial farm in South Africa is to purchase the business as a going [...]
