Insights
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...
Can a Body Corporate be compelled to issue a clearance certificate?
CAN A BODY CORPORATE BE COMPELLED TO ISSUE A CLEARANCE CERTIFICATE FOR PROPERTY SOLD IN EXECUTION, PENDING LITIGATION, AGAINST THE PURCHASER FOR RECOVERY OF ARREAR AMOUNTS? Embargo Provision in terms of s 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 Buying...
Landmark Ruling regarding the Divorce Act
On 10 October 2023 the Constitutional Court of South Africa delivered a groundbreaking ruling regarding certain sections of the Divorce Act. In its judgment the Constitutional Court declared that paragraph (a) of subsection 7(3) of the Divorce Act 70 of 1979 (Divorce...
When parties have reached a compromise, based on an unlawful credit agreement, can that compromise be enforced?
It sometimes happens that, when money has been borrowed, the transaction doesn’t pan out as expected and the parties have to reach a compromise. For an example, the parties might agree that a reduced lump sum need only to be repaid, or that a lowered interest rate...
Restraint of Trade in The Context of Contemporary Employment Law
IS IT A BENEFIT TO THE EMPLOYERS AND / OR A BURDEN TO THE EMPLOYEES? INTRODUCTION In a competitive business industry, for an entrepreneurs’ ship to sail in a sea of economic challenges, it is important to protect covenant of confidentiality and proprietary business...
Pension Fund Reforms: Proposed Two-Pots Retirement System
“THE PROOF OF THE PUDDING IS IN THE EATING”. The National Treasury and South African Revenue Service (SARS) has recently published for public comment the revised 2023 Draft Revenue Laws Amendment Bill and 2023 Draft Revenue Administration and Pension Laws Amendment...
Tax incentive for rooftop solar panels
The Minister of Finance, Enoch Gondongwana, in the 2023 national budget speech, announced the draft Taxation Laws Amendment Bill (TLAB), to give effect to certain renewable energy tax incentives. This initiative is not only aimed at households investing in clean...
Sexual misconduct in schools
Sexual misconduct in schools, when can an educator’s habit of regularly giving his learners ‘high-fives,’ handshakes, and hugs be said to have crossed the boundaries of Educator and learner relationship? The Labour Court was recently called to adjudicate on the in...