Law

June 17, 2022

Avoid the “Chase” following the purchase of a business

When you intend to buy a business from a seller as a going concern, it is important to do your homework in respect of the business […]
June 17, 2022

Private prosecution: is justice attainable even if the state fails us?

Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to […]
June 17, 2022

The employer’s responsibility in workplace harassment

This article will briefly discuss the common law option available to employees who are exposed to a form of discrimination in the workplace, specifically sexual harassment […]
May 23, 2022

Immovable property ownership and spouses

INTRODUCTION When does a spouse who is entitled to receive a half share in immovable property become the owner of that half share? Does the real […]
May 23, 2022

Who is held responsible for payments lost due to cybercrime?

This is exactly what happened in Fourie v Van der Spuy and De Jongh Inc. and others. The First Respondent was a law firm and the Second and […]
April 28, 2022

Paying more than your legal dues

I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded […]
April 28, 2022

Life partners now qualify for intestate succession

The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in […]
March 29, 2022

What to do when injured by a domestic animal

Having a domesticated animal, such as a dog or horse, can be a great source of joy for its owner. However, such domesticated animals come with […]
August 17, 2021

Arbitration as a method of dispute resolution – Part 2

There are different forms of arbitration. PAA Ramsden enunciates there being consensual arbitration, statutory arbitration (such as the Labour Relations Act 66 of 1995), court-directed arbitration, ad hoc arbitration, institutional arbitration, documents-only arbitration, fast-track arbitration, ex parte arbitration, and multi-party arbitration. All these […]
July 13, 2021

Arbitration series – Part one: What is arbitration?

Arbitration is one of a few dispute resolution mechanisms which include conciliation (negotiation), mediation, and litigation. It is regulated by the Arbitration Act 47 of 1965 (“the Act”) as amended. The Act […]
July 13, 2021

Prescription: Have my debts prescribed?

What is prescription? As a general rule, prescription occurs when a debtor’s liability to pay a specific debt is extinguished as a result of the passing […]
June 22, 2021

Think twice before ignoring that court order

When you are on the receiving end of a court order, it would be wise to obey the terms set out in it. Disobedience in terms of a court may cause a court to hold you […]
March 10, 2021

Think twice before you take the law into your own hands

It is a well-established principle in South African law that a person may not take the law into his or her own hands. People aggrieved by the conduct of […]
February 8, 2021

When is a consumer entitled to a refund?

Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, […]
February 8, 2021

The recusal of a judge is no fleeting matter

The doctrine of recusal has recently been placed in the spotlight after former president Jacob Zuma brought such an application at the Commission for Enquiry into State […]
January 14, 2021

The Value of Mentoring and Coaching

Mentoring trends challenge individuals to develop and manage themselves and are becoming an integral part of productive performance and increased learning. It can help in career development, strategic planning, skills development, employment equity and building […]
January 14, 2021

The Importance of Professionalism

Professionalism is defined as a person’s conduct at work. It refers to the level of competence or excellence that is expected of a professional. One should never apologise for having high […]
January 14, 2021

Unbearable working environments

Constructive dismissal is defined as a situation in the workplace, created by the employer, that renders the continuation of the employment relationship intolerable to the extent […]
January 14, 2021

The principles of good ethics in the workplace

Ethics are a set of moral values that are relied upon when it comes to making decisions. In the workplace, ethics are an essential component in […]
November 10, 2020

Fixed-term contracts: what employees need to know

An employee has been employed on a fixed-term employment contract for a number of years. Each consecutive year, the fixed contract is renewed at the election […]
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