Insights
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...
Is it unconstitutional to exclude foreigners who are not permanent residents from admission and enrolment as Legal Practitioners in South Africa?
This is the question faced by the Constitutional Court in Relebohile Cecilia Rafoneke and Others v Minister of Justice and Correctional Services and Others [2022] ZACC 29. In this article, we briefly unpack the issues, the enquiry conducted by the Constitutional...
Can Creditors continue with litigation on an E- Contract if the traditional rules of concluding a contract are not followed?
Traditionally, when a Contract of Loan is concluded an individual normally goes to the Financial Institution to complete the necessary forms and take all ancillary annexures for consideration of that loan and await approval of it. The Financial Institution would then...
Cybercrime in the Conveyancing sphere
Conveyancing firms are steadily becoming targets of cyber crime due to large sums of money that is involved in property transactions. Most of the correspondence exchanged between conveyancing firms and clients are also by way of electronic communication which makes it...
Retirement Age, can an employer fairly terminate the services of an employee who has worked beyond his/her retirement age?
The above question has been the subject of a highly contested legal debate until recently when the Labour Appeal Court was faced with the same issue. In the matter between Motor Industry Staff Association obo F.W Landman v Great South Panel Beaters t/a Great South...
The difference between Mediation and Arbitration
In the seeking of a resolution to a legal dispute it is important for the parties to fully understand the options available to them. In certain cases there is no choice, but a certain process is prescribed by the relevant authorities. The most common processes involve...
What is happening at the Road Accident Fund – the new strategy?
The Road Accident Fund (RAF) was created to fulfil its constitutionally mandated function of financially assisting road users who have been adversely impacted in accidents on South African public roads. In other words, the RAF exists so that victims of road accidents...