It is common practice between retailers and wholesalers of petroleum products to continue their lease agreements on a month-to-month basis when the original agreement terminates through the lapse of the contract period. Monthly leases can be terminated on the agreed or implied notice period. However, the correct calculation of the notice period is essential to … Continue reading
There are different legal requirements for amending terms of employment and employment policies. An employee`s consent is required in order for an employer to amend a term of employment, whilst an employer is only required to consult an employee prior to amending a code or policy if that the amendment is made in good faith. … Continue reading
In March 2024, the Supreme Court of Appeal held that SARS lawfully seized a director’s property during a search and seizure operation conducted at the premises of the company. SARS had obtained a warrant from the high court in terms of the Tax Administration Act authorising it to enter and search the company’s premises and … Continue reading
In modern employment contracts, restraint of trade clauses are commonly inserted to protect the employer’s proprietary interests. The purpose thereof is to prohibit an employee for a specified period and prescribed geographical area from taking up employment with a direct competitor. Employers need to be wary of employees who breach restraint of trade clauses and … Continue reading
The Canadian case of Moffatt v. Air Canada considers a dispute concerning a refund for a bereavement fare. Jake Moffatt, the applicant, booked flights with Air Canada following the death of his grandmother. He was informed by an AI powered chatbot on Air Canada’s website that he could apply for bereavement fares retroactively. However, when … Continue reading
During arbitration between a franchisor and franchisee, an interim interdict may be employed to enable the parties to continue to conduct their business arrangements until the dispute is settled. However, in certain circumstances the operation of the interdict may be suspended pending an appeal. The January 2024 high court judgment in Cash Crusaders Franchising (Pty) … Continue reading
Section 14(1) of the 1969 Prescription Act states that the running of extinctive prescription is interrupted by the debtor’s express or tacit acknowledgement of liability. The question that arose for consideration in Viljoen v Centlec (SOC) Ltd and others 2024 JDT 0217 (FB) (https://app.jutastatevolve.co.za/preview/1___y2024JDRn0217) is whether such interruption can occur after the prescription period has … Continue reading
The Pretoria High Court recently dismissed a pharmaceutical company’s application to review the Department of Health’s (DOH) decision to classify medicines for the purposes of assessing tender bids. The DOH awarded a tender to supply surfactants to treat Respiratory Distress Syndrome at public hospitals. The tender bid invitation was based on two therapeutic classes, … Continue reading
The National Consumer Commission (NCC) has recently urged the public to return various brands of peanut butters for a refund. The manufacturer of the peanut butters had informed the NCC that the affected products contain higher than the legally accepted levels of Aflatoxin. The recall of most consumer products is regulated by the Consumer Protection … Continue reading
On 31 January 2024, the Supreme Court of Appeal delivered a judgment condemning state-owned entities (SOEs) that opportunistically institute review applications against their own prior decisions to avoid contractual obligations. The court emphasised that ‘self-reviews’ ought to be aimed at vindicating clean governance. The matter involved the award of a tender by an SOE … Continue reading
The global demand and security of supply of critical minerals was a key topic of the 2024 Mining Indaba. This was highlighted by the panel discussion held by Norton Rose Fulbright. As the world’s clean energy revolution progresses, critical minerals (such as cobalt, copper, iridium, lithium, manganese, nickel and platinum group metals) used in the … Continue reading
On 1 February 2024, the Minister of Employment and Labour increased the national minimum wage by 8,5% from R25,42 to R27,58 for each ordinary hour worked from 1 March 2024. The increase will apply to most workers, including farm workers and domestic workers whose minimum wage has been aligned with the national minimum wage rates … Continue reading
In December 2023, the Supreme Court of the United Kingdom held that an AI cannot be an inventor under the UK Patents Act of 1977, and accordingly patents cannot be granted for inventions derived by AI. Thaler v Comptroller-General of Patents Designs and Trade Marks, considers Dr. Stephen Thaler’s applications for patents for two … Continue reading
The aim of the Copyright Amendment Bill 2022 is to aid the economic interests of authors of works whilst simultaneously adapting to technological advancements. The Bill has proposed various changes to the Copyright Act. Numerous iterations of the Bill have been promulgated over many years, and there are conflicting views as to whether the Bill in … Continue reading
This blog was co-authored by Lesego Moloisana, Candidate Attorney. The Applicant was the registered owner of commercial property. On 04 November 2021, the owner of commercial property cancelled the lease agreement and later changed the locks on the premises after placing the lessee on terms for arrear rentals. The lessee contended that the cancellation was … Continue reading
This blog was co-authored by Thabo Kolele, Candidate Attorney. Passing off occurs where an individual or a business misrepresents someone else’s goods or services in order to try and pass them off as being those of their own. Passing off is a common law remedy which seeks to protect businesses from unfair competition. The act … Continue reading
The Supreme Court of Appeal handed down a Judgment on 2 November 2023 confirming the embargo on transfers created by Section 15B(3) of the Sectional Titles Act, 1986 (the Act). This embargo provision offers security to bodies corporate in that a sectional title unit may not be transferred unless the body corporate has issued a … Continue reading
This blog was co-authored by Talia Rajah, Candidate Attorney. The July 2023 High Court case of Gavon Anton Broadhurst v Gearhouse Splitbeam (Pty) Limited and D P Hussey considered whether an application for leave, in terms of section 2(4)(a) of the Apportionment of Damages Act 1956, can be granted after the institution of the further … Continue reading
This blog was co-authored by Dylan Hampton, Candidate Attorney. In the Ross and Another v Nedbank Limited case, the plaintiffs instituted an action against the defendant bank, for breaching its duty of care owed to the plaintiffs. The delictual claim alleged that the bank negligently allowed the withdrawing of money from a third-party account belonging … Continue reading
The case of BP Southern Africa (Pty) Ltd v Trade Rose Investments (Pvt) Ltd revolves around an application for security for costs, a procedural safeguard embedded within South African litigation framework. A party may demand security for costs to ensure that, in the event the party making demand is successful in the litigation, the costs … Continue reading
Continued enrolment as a legal practitioner in South Africa is now contingent upon the achievement of the minimum period of recurring community service hours in any given calendar year. On 11 August 2023, the Minister of Justice and Constitutional Development published amendments to the regulations made under section 94(1) of the Legal Practice Act, 2014, … Continue reading
This blog was authored by Rory Scott, Candidate Attorney. In recent years, financial markets globally have been implementing the reform of reference interest rates to Risk-free Reference Rates (RFRs). South Africa, following suit, is progressing towards replacing the Johannesburg Interbank Average Rate (JIBAR) with the preferred successor rate of the Market Practitioners Group’s (MPG), most … Continue reading
A High Court in England refused an application by the mother of a nine-month old child to prevent the local authority from acting under the UK Children Act from administering routine childhood vaccinations including for diphtheria, tetanus, whooping cough, polio and hepatitis B. The opposition of the mother was based on religious grounds. The facts are … Continue reading
This blog was co-authored by Naledi Etsane, Candidate Attorney. In Titan Asset Management v Lanzerac, six plaintiffs instituted an action against Lanzerac Estates Investments (Pty) Ltd (first defendant) and Markus Jooste (the second defendant) in relation to a number of inter-related contracts entered into in respect of the sale of their interests in various businesses, … Continue reading