Publications

Are the doors of justice closed on South African citizens employed by entities with diplomatic immunity?

Imagine you are a South African citizen working at either an international organisation or a foreign state (“Missions”) in the Republic of South Africa (“RSA”), you are unfairly dismissed and appear to be without recourse [...]

Are banks entitled to sell your house for next to nothing?

One of the most popular methods by which South Africans purchase immovable property is through a loan from a bank. This process involves a mortgage bond being registered over the immovable property as security by [...]

To demand or not to demand? That is the question

Has your right to demand repayment of your loan prescribed? A recent Constitutional Court (“CC”) judgement clarified the position vis-à-vis on demand loan agreements. This article shall briefly discuss the aforementioned case and the relevant [...]

Constitutional Court Judgment reserved in Woolworths retrenchment case

On the 28th of May 2018, the Constitutional Court of the Republic of South Africa (“Constitutional Court”) reserved judgment in the case involving South African Commercial Catering and Allied Workers Union (“SACCAWU”) and Woolworths Proprietary [...]

Artificial Intelligence in a Law Firm

Artificial Intelligence (“AI”) is continuously being utilised in companies to address ways in which companies can alleviate the laborious tasks in the myriad industries for better speeds and increased accuracy. It should, therefore, come as [...]

Who could qualify to have their debt written off in 2018?

On 24 November 2017, the draft National Credit Amendment Bill (“Amendment Bill”) was published for public comment.  The Amendment Bill is expected to have a significant impact on the lives of hundreds of thousands of [...]

National Minimum Wage – new territory for South Africa and the CCMA

On the 29th of May 2018, the National Assembly passed the National Minimum Wage Bill, which seeks to improve the lives of South African’s falling within the low-income bracket. The Bill proposes minimum wage set [...]

Is an Acknowledgment of Debt regulated by the National Credit Act?

The purpose of the National Credit Act, No.34 of 2005 (“NCA”) is to promote a fair and non-discriminatory marketplace for access to consumer credit and in order to achieve such aims, the strict regulation of [...]

Should South African businesses comply with the General Data Protection Regulations?

The General Data Protection Regulation (“GDPR”) is created by the European Parliament, the Council of the European Union and the European Commission, to consolidate and unite data protection for EU citizens. The GDPR governs any [...]

Pacta servanda sunt v Ubuntu

Section 39(2) of the Constitution requires that the spirit, purport and objects of the Bill of Rights must be promoted when interpreting legislation, and when developing the common law or customary law. In the matter [...]