Topic: General

South Africa’s National Budget Speech 2023: Navigating an uneven economic recovery

By Dale Cridlan on February 22, 2023 Posted in General

The Minister of Finance, Mr Enoch Godongwana presented his National Budget Speech to the Members of the National Assembly this afternoon. The National Budget Review notes that South Africa is prioritising stable and clear policies so as to promote economic growth in the midst of an uncertain economic outlook. GDP is expected to grow by … Continue reading

The tussle between non-payment of contributions and the application of prescription

By Amina Yuda on February 21, 2023 Posted in General

In 2022, in a decision handed down by the KwaZulu Natal High Court, held in Pietermaritzburg it was made clear that the failure by a pension fund to timeously collect arrear pension contributions from recalcitrant employers, will result in the fund not having a claim against the employer where the defence of prescription is raised … Continue reading

Doing good doesn’t always entitle an NPO to tax benefits

By Liesl Williams and Dale Cridlan on February 17, 2023 Posted in General

Tax exempt status may be awarded to a non-profit organisation (NPO) that solely or primarily undertakes public benefit activities with a philanthropic or altruistic intent. An NPO that has been granted tax exempt status (commonly referred to as a public benefit organisation or PBO) is generally exempt from income tax. Certain approved PBOs may also … Continue reading

Transnet Freight Rail: privatisation programme endorsed in SONA and accelerates as rail system collapses

By Malcolm Hartwell on February 11, 2023 Posted in General

Transnet Freight Rail’s (TFR) recent invitation for tenders to operate a 20 year lease on South Africa’s busiest rail corridor from Gauteng to Durban reflects the implementation of the White Paper on National Rail Policy approved by cabinet in 2022. This move indicates that TFR accept that they do not have the capacity or finances … Continue reading

UK Supreme Court finds doctor not liable for losses falling outside of her duty of care

By Lisa Kriegler on February 7, 2023 Posted in General, Healthcare

The claimant, a mother of a child with haemophilia and autism, had, prior to her pregnancy, consulted with her GP to determine whether she carried the gene for haemophilia. The doctor negligently led her to believe that she did not carry this gene, and as a result, she was led to believe that she could … Continue reading

Majority shareholder has no legal standing to protect its purely financial interests against third parties

By Patrick Bracher (ZA) on February 6, 2023 Posted in General

The Supreme Court of Appeal refused to grant legal standing to a 64% shareholder of a company that challenged the decision of the North West Gambling Board in relation to the licence held by the company. Something more than a pure financial interest is required where a shareholder seeks to assert rights that correctly belong … Continue reading

RAF CEO and Board ordered to pay costs out of their own pockets for frustrating the judicial process

By Paulette Khumalo on February 2, 2023 Posted in General

The Mpumalanga High Court handed down a ground-breaking judgment on 24 January 2023 in which the court ordered costs de bonis propriis (paid out of their own pockets) against the CEO and the Board of the Road Accident Fund (RAF). The order was based on the conduct of the Board and the CEO conduct which, … Continue reading

Beware of Accidental Cyber Coverage

By Keaoleboga Molefe on February 1, 2023 Posted in General

A US appeals court reversed a judgment of the lower court which had declined to read-in cyber coverage in a commercial general liability policy. The insured operated retail properties and took out a commercial general liability policy (“the CGL Policy”) with the insurer. During the periods of May 2014 and December 2015 the insured’s credit … Continue reading

South Africa: new rules for advertising crypto asset

By Nerushka Bowan on January 30, 2023 Posted in General

The South African self-regulatory body, the Advertising Regulatory Board (ARB) updated its Code of Advertising Practice to include a new section dealing with crypto assets (Clause 17 in Section III). Crypto asset advertisements must: Crypto asset advertisements should not: The aim of these rules are to prevent consumers from being misled when dealing with crypto … Continue reading

Prescribed rate of interest is 10.5% from 1 January 2023

By Patrick Bracher (ZA) on January 25, 2023 Posted in General

The prescribed rate of interest changed with effect from 1 January 2023 to 10.5% per annum. The previous rate was 9.75% per annum. 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 … Continue reading

The Big Read Book Volume 10 – Presenting your evidence in the small claims court

By Donald Dinnie on January 25, 2023 Posted in General

The initiative to establish the Small Claims Court began in the early 1980’s. The result of the Hoexter Commission of Enquiry was the passing of the Small Claims Court Act in 1984. The Small Claims Courts are designed to settle small civil claims (currently the monetary claim limit is R20 000.00) in an informal and … Continue reading

Important amendments to the Trust Property Control Act

By Amber Kardamilakis and Susan Bisset on January 24, 2023 Posted in General

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Amendment Act), published in the Government Gazette on 29 December 2022, makes key amendments to the Trust Property Control Act, 1988. Most of these amendments will take effect on 1 April 2023. It is important for trustees to familiarise themselves with the Amendment … Continue reading

Ruling on conveyancer’s liability for cyber fraud losses

By Daniel Breier on January 18, 2023 Posted in General

On 16 January 2023, the Gauteng High Court ruled that a conveyancing attorney had a legal duty towards a property purchaser to implement adequate precautions and provide adequate warnings to protect the purchaser against her own email accounts being compromised by cyber fraud and was liable in delict for the purchaser’s loss for failing to … Continue reading

Can an amendment of quantum be considered a reopening of the issues?

By Keaoleboga Molefe on December 13, 2022 Posted in General

The Western Cape High Court erroneously held in Oliver NO v MEC for Health Western Cape and City of Cape Town that the deceased plaintiff’s non-pecuniary claim for general damages did not transfer to her estate as the matter had not reached litis contestatio (close of pleadings) because the summons had been amended to increase … Continue reading

Enforcement of a restraint of trade agreement fails for lack of proof of a protectable interest

By Zaid Majiet on December 12, 2022 Posted in General

This blog was co-authored by Felix Le Roux, Candidate Attorney On 8 November 2022, the Labour Court dismissed an urgent application by an employer, a national gym organisation, in which it sought to enforce the terms of a restraint of trade agreement against their former national sales manager who took up employment with their main … Continue reading

The importance of complying with the prescribed procedure for cancellation of contracts

By Rethabile Shabalala on December 6, 2022 Posted in General

The appeal court has set aside an order granted against the appellant for breach of contract. The parties had concluded an Implementation and Support Services Agreement in terms of which the appellant was paid to implement software for the respondent. After the implementation of the software, the respondent complained that the after-services provided by the … Continue reading

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