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 to any labour forum due to your employer’s international status and diplomatic immunity. In terms of the Constitution of the [...]

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 the bank to ensure that if a person fails to pay back the loan, the bank can rely on this [...]

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 legislation in order to highlight the impact which the case may have on a loan agreement. The courts have faced [...]

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 no surprise that AI has become somewhat of a buzzword, slowly permeating the legal industry. Despite some thinking that AI [...]

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 South Africans, as well as large parts of the banking and finance sector in South Africa.  The Amendment Bill seeks [...]

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 at R 20 per hour which, based on a 45-hour week equates to R 3 900 per month. A looming question [...]

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 consumer credit and improved standards of consumer information is paramount. The NCA places the onus on the credit providers to [...]

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 data processing activities performed by a controller in the European Union (“EU”).  The GDPR furthermore applies to all processing of [...]

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 of Mohamed’s Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd 2018 (2) SA 314 (SCA) (Mohamed’s v [...]

A Brief Introduction to BEE Compliance

The government of South Africa embarked on a comprehensive programme to provide a legislative framework for the transformation of South Africa’s economy. The Broad-Based Black Economic Empowerment (“B-BBEE”) Act provides a legislative framework for the promotion of black economic empowerment (“BEE”), empowering the Minister of Trade and Industry to issue Codes of Good Practice and [...]

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