Legal updates and opinions

Until the introduction of the Judicial Matters Amendment Act 2015 ("the Amendment") which took effect on 8 January 2016, the prescribed rate of interest was gazetted [...]

Influencer advertising In 2022, even the most pessimistic advertiser is unlikely to bet on the fact that the rise in popularity of the influencer industry is [...]

This Guide was prepared by, Darren Willans, Director, Sarah Passmoor, Director, Tsebo Masia, Associate, and Chiara Ferri, Candidate Attorney Five fundamental aspects of pre-litigation preparation It [...]

Public procurement in South Africa by Sarah Moerane, Director, and Koketso Rapoo, Candidate Attorney Public procurement in South Africa is undeniably tied to the country's socio-economic [...]

by Dakalo Singo, Director and Harold Jacobs, Director "This country is still grappling with identifying where the bounds of freedom of expression lie, with the meaning [...]

Arbitration agreement by Pierre Burger, Director Arbitration is a consensual process – it depends on an agreement between the parties to refer their dispute to arbitration. [...]

Compliance with road legislation by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale Adams, [...]

Roll of attorneys In a matter recently heard before the Western Cape High Court, erstwhile attorney Gerrit Smit Van Wyk (57) was struck off the roll [...]

Security for costs In the recent case of McHugh N.O. & Others v Wright [5641/2021) [2021] ZAWCHC 205 (19 October 2021) ("the McHugh matter"), the question [...]

by Dakalo Singo, Director and Head of Pro Bono Practice Domestic Violence Amendment Bill  Introduction The annual "16 Days of Activism for No Violence against Women [...]

A bank's duties to non-customers When money is deposited into a bank account, it becomes the property of the bank. This enables the bank to pool [...]

The requirements for Rescission Applications The Constitutional Court recently handed down judgment in what was effectively a refresher course on the scope and requirements of rescission [...]

Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the right to claim for a reduction [...]

The Small Claims Court ("SCC") The Small Claims Court ("SCC") was established by the Small Claims Court Act 61 of 1984 ("Act") as a means of [...]

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 handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]