Publications

What to consider in eviction orders

In the case of Nederburg Wines (Pty) Ltd v Nero & Others (“Nederburg Case”) Nederburg Wines Proprietary Limited (“Appellant”), the registered owner of  Nederburg Estate (“Property”), appealed against the decision of the Land Claims Court [...]

Trumping Last In First Out

Everyone knows about or has heard about the principle Last in First Out (“LIFO Principle”) in the context of a dismissal in terms of section 189 of the Labour Relations Act No. 66 of 1995 [...]

Franchise Agreement Success

Franchise is not defined in terms of the South African law. However, in terms of the Franchise Association of South Africa, “franchise” is defined as giving an individual the right to operate a business under [...]

Taking “refuge” in the Immigration Act

Foreigners seeking asylum and refuge in the Republic of South Africa (“RSA”) should take note of the circumstances surrounding such applications and the requirements when applying therefor. The previous blanket ban on asylum seekers has [...]

Proposed Code of Good Practice on Collective Bargaining, Strike Action and Picketing

In terms of the Labour Relations Act No. 66 of 1995 (“LRA”) and in accordance with section 64(1), every employee has a right to strike. Under the previous Labour Relations Act No. 28 of 1956 [...]

Commercial Court open for business in South Africa

The South African courts are well known for their backlogs on court rolls and deferred “trial dates”. The Commercial Court (“CC”) has been revived by the Gauteng Division of the High Court of South Africa. [...]

“But wait there’s more”

As consumers, we all receive those untimely phone calls which start with “Hello sir, can I offer you product X. It will only take about 5 minutes of your time” This is because consumers fall [...]

Differentiation and discrimination in the workplace

Section 6 of the Employment Equity Act 55 of 1998 (“Act”) is the cornerstone of the prohibition against unfair discrimination in the workplace. Section 6 prohibits direct and indirect unfair discrimination against an employee and [...]

Companies Amendment Bill 2018

South Africa has waited a long time for the Companies Act No. 71 of 2008 (“Companies Act”) amendment bill (“Amendment Bill”) to be published and finally it has. The Bill was published on 21 September [...]

Costs of credit: When consumers “join-the-club”

The high costs charged in relation to credit agreements is an ever-present concern. It is important for both consumers and credit providers to be mindful of the various fees charged in respect of credit agreements, [...]