André Vos

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Protection of confidential information in litigation

As a general rule, court proceedings and the related documents are open to the public.  There is an important reason for that: justice must not only be done, it must be seen to be done.  But what if that would lead to the disclosure of valuable and confidential commercial information to the opposing party or … Continue reading

Why a franchisor should conduct anti-bribery & corruption due diligence on franchisees

Why a franchisor should conduct anti-bribery & corruption due diligence on franchisees When supplying an independent owner with the right to use an established business, a trade name, trademark, proprietary business knowledge and business system, it is essential for a franchisor to conduct a comprehensive background due diligence on that proposed owner. South Africa has … Continue reading

No more secrets – political party funding now in the open

Political parties will soon be required to make private funding information public when the May 2020 law in this regard comes into force. The Promotion of Access to Information Act 2000 (PAIA) gives effect to the constitutional right of access to information. PAIA recognises that the pre-1994 government system resulted in a secretive and unresponsive … Continue reading

Risk assessments for corporate donations

Charity contributions, sponsorships and donations often form an integral part of a company’s social responsibility initiatives. The generosity of companies making donations not only support the company in reaching its internal social responsibility targets, but also spark corporate morale and boosts a company’s public image. One of the positive sides of society’s reaction to the … Continue reading

The impact of COVID-19 on anti-bribery and anti-corruption measures

Whilst the world deals with the challenge of COVID-19, an equally concerning issue is the manner in which this pandemic threatens anti-corruption and anti-bribery efforts for organisations. Appropriate measures must be put in place to mitigate corruption and bribery risks. Experience has shown that when there is a global health state of emergency, such as … Continue reading

National Credit Act salary attachment procedure revisited

In early July 2015 the High Court declared aspects of a long-established but often abused debt collecting process unlawful, with potential wide-ranging consequences. It could render hundreds of thousands of salary attachment orders unenforceable. In our recent blog post we highlighted the findings of what is known as the Desai Judgment (after the judge who … Continue reading

Salary attachment procedure declared unconstitutional

The High Court has declared aspects of a long-established but often abused debt collection process unlawful, with potentially wide ranging consequences, as it could render hundreds of thousands of salary attachment orders unenforceable. Aspects of a salary attachment process, known as an emoluments attachment order (EAO), was declared unconstitutional in The University of Stellenbosch Legal … Continue reading
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