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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. [...]
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 [...]
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 [...]
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 do arbitration awards prescribe?
When does an arbitration award prescribe? Does an award even attract its own period of prescription? The short answer is that it depends on 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 [...]
Think before issuing instructions to employees
In Association of Mineworkers and Construction workers Union obo Mkhonto & others [13 February 2023], the employees were charged with gross insubordination in that they [...]
Is a municipal by-law prohibiting transfer of property without a “SPLUMA Certificate” constitutional and valid?
In an unreported case[1] of the High Court of South Africa, Mpumalanga Division, Middelburg ("Court"), a number of owners of farm portions in rural areas [...]
(Insurance) fraud unravels all: The SCA confirms that fraud can lead to the forfeiture of a partly valid and partly fraudulent claim when a policy says so
In Discovery Insure Limited v Masindi the SCA considered whether the entirety of an insurance claim should be forfeited in circumstances where only part of [...]
The sword finally falls, ironically on justice itself | DoJ fine by Information Regulator
What is the price that one pays for not having antivirus software? R5 million according to the Information Regulator of South Africa (Regulator). That is [...]
The settlement agreement concluded at the ILO has not changed the new Employment Equity interventions
In 2021, a complaint was filed with the International Labour Organisation (ILO) against the South African Government in relation to the proposed employment equity interventions [...]
Time to focus! Comments called for on the Electronic Communications Amendment Bill
and Chiara Ferri, Candidate Attorney The Electronic Communications Amendment Bill, 2022 (the Bill), has been published for comment and aims to introduce an array of significant [...]
National Health Insurance: What benefit; for whom, where and how?
As has widely been reported in the media, the National Health Insurance Bill[1] or the Bill has been passed by Parliament. However, such a process [...]
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 [...]
