Topic: General

Municipal ordinance banning pit bulls upheld in USA

By Patrick Bracher (ZA) on November 28, 2022 Posted in General

Several dog owners sued the City of Council Bluffs, Iowa, challenging the constitutionality of an ordinance prohibiting pit bull dogs, and lost. The City enacted an ordinance in 2005 which prohibited “any person to own, possess, keep, exercise control over, maintain, harbor, transport or sell within the City of Council Bluffs, Iowa any pit bull. … Continue reading

Sharing information with competitors especially within industry bodies: Competition Act Draft Guidelines, 2022

By Marianne Wagener (ZA) on November 23, 2022 Posted in General

This blog was co-written by Josh Da Costa, Candidate Attorney How much is too much? How long is a piece of string? How much information can I share with my competitors, and in how much detail? What do the Competition Authorities have to say on the matter in South Africa? The 2022 Guidelines provide some … Continue reading

Proposed law will increase disclosure of control of trusts

By Susan Bisset and Amber Kardamilakis on November 16, 2022 Posted in General

The Trust Property Control Act, 1988 (TPCA) was last amended in 1997. It is a short act that deals on a high level with trust operations and the office of the Master of the High Court as the trust regulator. The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill (B18 – 2022), however, proposes significant … Continue reading

The role and independence of alternate directors

By Willem de Villiers on November 11, 2022 Posted in General

This blog was co-authored by Bongubuhle Sibanda, Candidate Attorney During the lifespan of a company, there are occasions when a director is unable to perform their functions as envisaged in the Companies Act, 2008. Despite such occasions, the business operations cannot be halted. It is in these instances that an alternate director may take up … Continue reading

No general enrichment claim is recognised in South African law

By Patrick Bracher (ZA) on November 9, 2022 Posted in General

The Supreme Court of Appeal has reaffirmed that there is no general enrichment action recognised in South African law. The fact that one person is enriched at the expense of another does not automatically give rise to a claim for damages for loss suffered to the benefit of another person. Enrichment actions may be specifically … Continue reading

South Africa’s expectations at COP27

By Tina Costas and James Ross on November 2, 2022 Posted in General

The 27th Conference of the Parties of the UNFCCC (COP 27) will be held in the Republic of Egypt during November 2022. Despite current geopolitical tensions, disruption of global supply chains, general inflation and an energy and food crisis it is hoped that for South Africa, COP27, which is being described as an ‘African COP’ … Continue reading

Prescribed rate of interest is 9.75% from 1 November 2022

By Patrick Bracher (ZA) on November 1, 2022 Posted in General

The prescribed rate of interest changed with effect from 1 November 2022 to 9.75% per annum. The previous rate was 9.0%. According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts unless … Continue reading

New Zealand court says Uber drivers are employees

By Laura Macfarlane and Heidi Davis on October 28, 2022 Posted in General, Uncategorized

In an October 2022 judgment, the New Zealand Employment Courts concluded that Uber drivers are employees who are entitled to the protection and benefits offered by their employment law. This decision will encourage voices advocating for the rights of Gig workers globally to be aligned with those of more traditional employees. The Gig economy refers … Continue reading

Credit Europe Bank N.V v The an Admiralty Fund Comprising the proceeds of the sale of the mv Tarik III & Others

By Peter Lamb on October 21, 2022 Posted in General

Credit Europe Bank N.V v The an Admiralty Fund Comprising the proceeds of the sale of the mv Tarik III & Others The Supreme Court of Appeal (SCA) handed down judgment in Credit Europe Bank N.V v The Admiralty Fund Comprising the proceeds of the sale of the mv Tarik III & Others on 13 … Continue reading

Use of day-to-day benefits account to fund PMB conditions

By Michelle David on October 21, 2022 Posted in General

In October 2022, the High Court in KeyHealth Medical Scheme v Ngoepe No and Others considered whether the court a quo was correct in finding that a medical scheme was prohibited from using day-to-day benefits to fund the treatment and costs of Prescribed Minimum Benefit (PMB) conditions. The court found that the source of the … Continue reading

Prescription and claims for interest on late payments

By Michelle David on October 18, 2022 Posted in General, Uncategorized

This blog was co-authored by: Bwanika Lwanga, Candidate Attorney In June 2022, the High Court held that a claim by a provident fund for interest on late-paid contributions had prescribed. The parties signed an acknowledgement of debt on 26 November 2013 for a total of R12 488 219. 04 owed by an employer to the … Continue reading

Absence of picketing rules does not affect the lawfulness of a strike

By Verushka Reddy on October 18, 2022 Posted in General

This blog was co-authored by: Mduduzi Sibiya, Candidate Attorney The 2019 amendments to section 69 of the Labour Relations Act, 1995 provide that no picket in support of a protected strike or in opposition to a lockout may take place in the absence of picketing rules. The picketing rules may be agreed to or determined … Continue reading

Intellectual property enforcement: “Another arrow in our quiver”

By Allison Williams and Amy King on October 12, 2022 Posted in General

The interplay between intellectual property and POPIA This blog was co-authored by: Bongekile Gasa, Candidate Attorney The purpose of the Protection of Personal Information Act (POPIA) is to safeguard the personal information of individuals and juristic entities alike. The fact that South African data protection legislation regulates and protects the personal information of juristic entities … Continue reading

Ex Gratia Payments

By Paulette Khumalo on October 6, 2022 Posted in General

An ex gratia payment is a payment made by a person to a claimant for damages or other claims without recognising any legal obligation. “Ex gratia” means “by favour” or “by virtue of grace” .Thus, an ex gratia payment is a voluntary payment that does not signify legal liability. Ex gratia payments differ from legally-required … Continue reading

Cannabis grow clubs held not legal by court

By Keaoleboga Molefe on September 30, 2022 Posted in General

The applicant failed to persuade the Western Cape High Court to extend the right to privately cultivate cannabis established in the Minister of Justice and Constitutional Development and Others v Prince [2018] ZACC 30 to grow clubs. In the Prince case, the court held that the prohibition of cannabis use is unconstitutional in as far … Continue reading

Electronic signatures in the context of sale agreements

By Willem de Villiers and Cameron Bernhardt on September 27, 2022 Posted in General

On 26 March 2020, the President announced that South Africa would enter into a lockdown due to the Covid-19 pandemic. Prior to this, it was common practice for sale agreements to be signed in wet ink by the contracting parties at a physical meeting. However, following the Covid-19 pandemic, many South Africans work remotely and … Continue reading

Post-Covid Competition Regulations for SMME growth for comment

By Marianne Wagener (ZA) on September 14, 2022 Posted in General

Minister of Trade, Industry and Competition, Ebrahim Patel, speaking at the 16th Annual Competition Law, Economics and Policy Conference, announced a proposed new block exemption for SMMEs, for the purpose of stimulating growth and participation of SMMEs in the economy following Covid-19. These proposed Regulations are open for comment until the end of September 2022. … Continue reading

Estoppel cannot negate illegality

By Stephen Kennedy-Good on September 5, 2022 Posted in General

This blog was co-authored by: Kristen de Wet, Candidate Attorney In Siemens Proprietary Limited v PRSA , the court confirmed that the doctrine of estoppel cannot render an agreement enforceable if it is invalid. This is particularly the position where it is in the public interest to ensure an agreement is unenforceable. Estoppel refers to … Continue reading

Prescribed rate of interest is 9.0% from 1 September 2022

By Patrick Bracher (ZA) on August 31, 2022 Posted in General

The prescribed rate of interest changed with effect from 1 September 2022 to 9.0% per annum. The previous rate was 8.25%. According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts unless … Continue reading

Information Regulator issues guidance on POPIA data breach notifications

By Rosalind Lake (ZA) and Victoria Pillay on August 23, 2022 Posted in General

The Information Regulator published Guidelines on 12 August 2022 regarding security compromise notifications in terms of the Protection of Personal Information Act, 2013 (POPIA). POPIA governs data breaches by ‘responsible parties’ who, alone or in conjunction with others, collect and process personal information for purposes and by means determined by them. They are under an … Continue reading

Constitutional Court puts the brakes on the common purpose doctrine

By Mohammed Chavoos on August 22, 2022 Posted in General

This blog was co-authored by Felix Le Roux, candidate attorney On 22 August 2022, the Constitutional Court (CC) upheld an appeal by the National Union of Metal Workers of South Africa (NUMSA) on behalf of 41 employees who were dismissed for acting in common purpose of assault during a strike, and found that their dismissal … Continue reading

BEE Commission’s fronting findings again set aside as irrational

By Susan Bisset and Amber Kardamilakis on August 16, 2022 Posted in General

Since its establishment, the BEE Commission has held strong views which often diverge from industry practice. The BEE Commission’s views have sometimes resulted in businesses abandoning BEE ownership structures, or other BEE initiatives, altogether. The guidance issued by the Department of Trade, Industry and Competition in 2021 went some way toward clarifying the contradicting views, … Continue reading

The Consumer Protection Act and exhaustion of remedies

By Donald Dinnie on August 15, 2022 Posted in General

This judgement considered whether section 69 of the Consumer Protection Act (CPA), which provides that a person may not seek to enforce any right in terms of the CPA, or in terms of a transaction or agreement or otherwise to resolve a dispute by approaching the court with jurisdiction of the matter unless “all other … Continue reading

The role of expert evidence in a trial

By Paul Cartwright on August 3, 2022 Posted in General

This blog was co-authored by: Nomonde Sithole, Trainee Associate and Julian Scholtz, Candidate Attorney The opinions drawn by expert witnesses do not replace the task of civil courts to determine the issues in dispute on the balance of probabilities, and only serve as guidance for courts in determining the issues. This was highlighted in an … Continue reading