Legal updates and opinions
Search Author
Claims for non-payment in terms of Section 73A of The Basic Conditions of Employment Act
Section 73A of The Basic Conditions of Employment Act (BCEA) In 2019, the Basic Conditions of Employment Act 75 of 1997 ("BCEA") was amended in several [...]
“This is hate speech” – The Constitutional Court has spoken
This is hate speech The Constitutional Court has handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC [...]
Proposed Amendments to the Domestic Violence Act – latest developments
Domestic Violence Act As part of government's efforts to address the scourge of domestic violence in South Africa, a process to expedite the amendment of various [...]
Electronic signatures: recent developments
by Pierre Burger, Director What is an electronic signature, and when will it be valid in place of a handwritten signature? These questions appeared to have [...]
Proposed Amendments to the Equality Act
Equality Act or PEPUDA In March 2021, the Department of Justice and Constitutional Development ("DOJ") invited interested parties to comment on a bill aimed at amending [...]
Supervening impossibility and lease agreement buildings
by Harold Jacobs, Director and Samukelisiwe Dube, Candidate Attorney What are the respective rights of the parties to a lease agreement at the expiration of the [...]
Proposed Amendments to the Domestic Violence Act
by Dakalo Singo, Director Domestic violence – and gender-based violence in particular – is arguably the most significant societal plague of modern South Africa. To highlight [...]
It takes Three to Tango – Causation in South African Insurance Law vis-à-vis COVID-19, Business Interruption, and lockdowns
by Damian de Klerk, AssociateReviewed by Sarah Moerane, Director and Dave Walker, Director Revisiting causation in South African insurance law in light of the national lockdown [...]
NUMSA v LUFIL: Does the Constitutional Court judgment accord with government’s policy of orderly bargaining at sectoral level?
By Lloyd Abraham, Director This article is a follow up to the article dealing with the case National Union of Metal Workers of South Africa v [...]
Is my business insured?
by Walid Brown, Director and Elzaan Haynes, Candidate Attorney We all take out insurance to cover everything from our homes to our business. Many of us [...]
COVID-19 regulations and how commercial landlords may survive
by Walid Brown, Director and Elzaan Haynes, Candidate Attorney The COVID-19 national lockdown restrictions (" the lockdown restrictions") are having a devastating impact on commercial landlords, [...]
Must fees fall? The impact of the lockdown on school fees
By Thomas Karberg, Candidate Attorney Reviewed by Bulelwa Mabasa, Director and Head of the Land, Reform Restitution & Tenure practice It has now been more than [...]
What is the role of the SANDF during the lockdown?
Nelsie Siboza, Candidate AttorneyReviewed by Naledi Motsiri The role of the South African Defence Force (“SANDF”) during the lockdown has proven to be unclear for many [...]
Update on emergency procurement measures
by Sarah Moerane, Director On 19 March 2020 the National Treasury issued Instruction No 8 of 2019/2020: Emergency Procurement in response to the national state of [...]
COVID-19 and business interruption insurance: is your business covered?
by Sarah Moerane, Director Following the declaration of a national state of disaster on 15 March 2020, and the subsequent lockdown imposed by the President from [...]
COVID-19 and the resultant impact on rental payments: a practical analysis
by Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice and Kashvi Lalla, Director Introduction The economic effects of the government‑imposed lockdown [...]
Public procurement for COVID-19 related goods during the national state of disaster
by Sarah Moerane , Director On 18 March 2020 the Minister of Cooperative Governance and Traditional Affairs issued Regulations under the Disaster Management Act, 2002, regarding [...]
The right to privacy and the Amendments to the Disaster Management Regulations
by Jones Antunes, Director; Innocentia Moele; Senior Associate; and Danielle Hertz, Candidate Attorney On 1 April 2020 the Minister of Cooperative Governance and Traditional Affairs amended [...]
Litigation during the lock-down
Pending litigation during lockdown On the evening of 30 March 2020, President Cyril Ramaphosa addressed the Nation, four days into the nationwide lock-down. The President described the [...]
COVID-19 and funerals: What is the legal position?
by Naledi Motsiri, Director and Nelsie Siboza, Candidate Attorney Introduction The highly contagious and even deadly Coronavirus ("Covid‑19") has had a devastating impact on the world. [...]
Effect of SA’S COVID-19 lock-down on transport services / operators and insurance
by Godwin Bossr, Director and Yusri Adams, Senior Associate In response to the global pandemic caused by the spread of the Covid-19 virus, President Ramaphosa has [...]
Where The Courts Draw The Line On Making Settlement Agreements Orders Of Court
By Jennifer Smit, Director In the recent Constitutional Court judgment between Buffalo City Metropolitan Municipality ("BCM") and Asla Construction (Pty) Ltd ("Asla"), both in the main [...]
Does Validity Of A Contract Trump All Considerations In Review Of Agreements With Organs Of State?
By Jennifer Smit, Director Recently, Theron J handed down a judgment in the Buffalo City Metropolitan Municipality / Asla Construction (Pty) Ltd matter with 5 other [...]
The Legal Position Concerning Strict Compliance With The Stipulations In A Demand Guarantee
By Boitumelo Rammala, Associate and Dimakatso Mogafe, Candidate Attorney Reviewed By Jennifer Smit, Director Sasol Oil (Pty) Ltd ("Sasol") and Golden Sun Retailers (Pty) Ltd ("Golden [...]
International arbitration in South Africa – a new chapter
By Des Williams, Director, Head of Arbitration Practice The enactment of the International Arbitration Act 2017 ("International Arbitration Act"), which applies the United Nations Commission on [...]
