Legal updates and opinions
Search Author
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 [...]
Ground-breaking European Union legislation limits dominance of major tech corporations
and Chiara Ferri, Candidate Attorney The Digital Markets Act ("DMA") is a piece of EU legislation aimed at targeting enormous tech companies that operate platforms serving [...]
AI in farming
and Chiara Ferri, Candidate Attorney Adding value one industry at a time, artificial intelligence ("AI") is proving to be a fundamental tool in advancing technologies and [...]
Information Regulator grants its first exemptions under POPIA
The Information Regulator (Regulator) recently granted its first exemptions in terms of section 37(1) of the Protection of Personal Information Act 4 of 2013 (POPIA). The exemptions, [...]
Pre-owned purchases and the Consumer Protection Act
and Sabine Letellier, Candidate Attorney Purchasing a pre-owned vehicle may deprive a consumer of that new car smell, but it should never deprive a consumer of [...]
Proving claims in an insolvent estate – basic principles reaffirmed
In the recent case of Firstrand Bank Limited v the Master of the High Court and others handed down on 29 September 2023, Potterill J in [...]
Should Post-Commencement Financiers have a vote on Business Rescue Plans?
Reviewed by, Dr Eric Levenstein, Director and Head of Business Rescue & Insolvency A critical look at Wescoal Mining (Pty) Ltd & Another v Mkhombo NO [...]
The painted homes of the Ndebele People
To conclude our series on #Heritage Matters, we look at another example of the Traditional Cultural Expressions found in South Africa. The Ndebele people are primarily [...]
Taking stock of collective misconduct
and Nombulelo Bashe, Candidate Attorney The retail sector is often burdened with the issue of stock losses or shrinkage. Employers also grapple with identifying the perpetrator(s) [...]
Celebrating Heritage Month: The Xibelani Dance
In our recent article, we discussed the challenges of safeguarding traditional cultural expressions within conventional intellectual property regimes. We now explore one of these incredible expressions [...]
Legal Due Diligences for private equity transactions: a powerful tool if used correctly
and Francisca Heese, Candidate Attorney Local and cross-border private equity investors continue to support the growth and development of companies in South Africa, as well as [...]
The role of the Sheriff in the South African legal system
In the current economic climate, with rising interest rates and soaring inflation, many consumers are struggling to meet their debt obligations. This may lead to creditors [...]
Interest factor
and Lwazi-Lwandile Simelane, Candidate Attorney In circumstances where a debt arises and the interest rate is not specified, either by contract of by operation of law, [...]
Company amalgamations and a lender’s security under a mortgage bond
Given the language of Sections 116(7)(a) and 116(8) of the Companies Act any registered mortgage bond in favour of a third-party lender (such as a Bank) [...]
