Insights
Why your Offer to Purchase deserves your full attention
Buying property, whether it’s a family home or new business premises, is a major decision. It’s not only a financial commitment but a legal one too. Often, the process begins with a document known as an Offer to Purchase (OTP). Many people assume that this is simply a...
What mandatory mediation means for civil litigation
From 22 April 2025, a major procedural shift has taken place in the Gauteng Division of the High Court: mediation is now mandatory in all civil trial matters before a trial date will be granted. The change, directed by Honourable Justice Mlambo, aims to address the...
What to expect when you hire an attorney
For many people, approaching an attorney for help with a legal matter can feel intimidating. If you are not familiar with the legal world, it can be difficult to know where to begin. What kind of legal practitioner do you need? What will happen in your first meeting?...
How to guide your employees with their Two-Pot Retirement choice
In September 2024, South Africa’s two-pot retirement system officially came into effect, significantly altering how employees access their retirement savings. This reform divides retirement contributions into two parts: a savings pot, which allows limited withdrawals...
The seriousness of mental health in the workplace
Mental health in the workplace is no longer just a wellness initiative, it is a business necessity. Employers who prioritise mental well-being benefit from reduced absenteeism, higher productivity and a more engaged workforce. Conversely, neglecting mental health can...
What employers need to know about the 2025 Employment Equity Act amendments
With the recent amendments to the Employment Equity Act No. 55 of 1998 ("EEA"), which came into effect on 1 January 2025, employers must understand how these changes impact their obligations. The updated legislation introduces significant shifts, particularly in...
The 5 key priorities for business leaders in 2025
As we look ahead at 2025, the challenges and opportunities that call for a renewed focus on leadership and strategic priorities. This year, business success will be determined not just by financial performance but by how well leaders align their organisations with the...
5 Legal precautions to take before the holidays
As the holiday season approaches, setting aside some time to tackle important legal precautions can offer valuable peace of mind. By addressing these areas, you can protect yourself, your assets, and your loved ones against unexpected legal issues. Here are five...
Unfair Disciplinary Procedures could cost your company dearly
Disciplinary issues within a company can quickly spiral into major risks if not handled correctly. We have seen a surge in dismissals being set aside due to unfair procedures, resulting in costly financial Cost Orders, damage to brand reputation and significant stress...
The real reason for the Road Accident Fund’s settlement delays
The Road Accident Fund is a state–supported insurance fund providing compensation to victims of road accidents in South Africa. In a spade of recent news articles, the Road Accident Fund has attempted to put the blame for its financial woes on the shoulders of the...
Can an employee be dismissed for submitting a fake sick note?
In the recent ruling by the Labour Appeal Court (“LAC”) in the case of Woolworths (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA90/22) [2024] ZALAC 29 (13 June 2024), the intricate problem of submitting a fraudulent Medical...
Does a criminal record constitute a valid reason not to employ?
UNFAIR DISCRIMINATION UNDER THE EEA – WHETHER REFUSAL TO EMPLOY BECAUSE OF CRIMINAL HISTORY CONSTITUTE UNFAIR DISCRIMINATION BASED ON ARBITRARY GROUND? The above question confronted the Labour Court seating at Gqeberha in an Urgent Application brought by Mr Elsworth...
Cannabis and ‘zero-tolerance’ policies in the South African Workplace
Introduction: In the case of Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton (Prince)...
Muslim Marriages in the realm of Conveyancing
Marriages concluded according to Muslim rites or Islamic rights are to date not legally recognised in South Africa. In the case of Ismail v Ismail 1983(1) SA 1006 (A) it was held that marriages solemnised under Islamic Law do not enjoy the same status of marriages in...
Understanding Bail Applications
The South African Constitution grants every accused person, or essentially every person who is alleged to have committed any criminal offence, the right to apply for bail. Bail is money paid to the police or court by an arrested person that ensures his release until...
Legal implications of holding multiple full-time jobs
Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (JR164/20) [2023] ZALCJHB 319 (3 November 2023) A recent ruling by the Labour Court held that an employee violated her fiduciary duty to her employer by not disclosing her concurrent...