Labelling for chemical safety and compliance
Multiple departments and pieces of legislation are involved and apply to the labelling of hazardous chemicals in South Africa. The departments of Trade and Industry, Environmental Affairs, Transport, Labour Dept and the South African Bureau of Standards interact in the administration of chemical management, but Labour is leading the legislative reform that is required to more...
What is court-annexed mediation?
Mediation serves as an often effective alternative dispute resolution measure which aims to reach a negotiated settlement between parties and avoid the substantial costs of litigation as well as avoiding the time delays often experienced in our court systems. In terms of the amended Magistrate Court Rules the purpose of mediation is to: Promote access more...
Can you sue Eskom for loadshedding damage or loss?
Hayley Langdon was on Cape Talk addressing the issue of whether one can sue Eskom for damage and loss with John Maytham on 10 December 2015. To listen to the full interview, click here.
When is an independent contractor deemed to be an employee?
The Labour Relations Act defines an employee as: any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and any other person who in any manner assists in carrying on or conducting the business of the employer. In terms of more...
Land Use at the intersection of local, provincial and historical perspectives
Shelfplett 47 (Pty) Ltd v MEC for Environmental Affairs & Development Planning and Another (16416/10) [2012] ZAWCHC 16 (5 March 2012) An appeal to the Western Cape High Court was successful for the owner of property in Plettenberg Bay that claimed an old guide plan could not be enforced because it was founded on race-based more...
Do South African companies need to furnish security for litigation costs?
Section 13 of the Companies Act 61 of 1973 provided that a court had a discretion whether to order that a plaintiff company should furnish security for costs, if there was reason to believe that the company would not be able to pay the Defendant’s costs. The new Companies Act 71 of 2008 has repealed more...
Contaminated Land
The National Environmental Management: Waste Act, 59 of 2008 (“NEMWA” or “the Act”) contains onerous and some would say ambitious provisions in chapter 4 regarding contaminated land. These sections of NEMWA did not come into force when the rest of the Act did in July 2009. Part of the reason for the delay was the more...
Credit amnesty and the National Credit Amendment Bill
The National Credit Amendment Bill (“the Bill”) which was presented in the National Assembly, but not yet enacted, proposes to fundamentally change the credit industry by imposing stricter requirements on credit providers and granting greater protection for consumers. Many consumers are mistaken in believing that the credit amnesty means that they need not repay their more...
Construction Regulations 2014
The Department of Labour has announced that all sections of the regulations except for regulations 3 and 5(7)(b) will come into force on 7 August 2014 for projects that began after the promulgation of the latest regulations. The timing of the coming into force of the Construction Regulations has now been officially postponed with the more...
Acceleration Clauses : Enforceable or not?
The Western Cape High Court recently heard the matter of Combined Developers v Arun Holdings & 2 Others. Arun Holdings had borrowed money from Combined Developers and in terms of the agreement concluded between the parties Arun Holdings would repay the loan in monthly instalments. In addition to this the agreement contained an acceleration clause more...
Will your boiler get you into hot water?
The National Environmental Management Air Quality Act 39 of 2004 (NEMAQA) changed the previous methodology of air pollution regulation from a "point source" approach to include a more progressive regulation of ambient air quality in general. The relevant committees have been slow to pass the regulations required to give effect to these principles. Since the more...
The importance of validly approved building plans
In the recent case of Matthew Robert Michael Lester v Ndlambe Municipality and High Dune House (Pty) Ltd (514/12) [2013] ZASCA 95, the Supreme Court of Appeal considered an application to demolish a residential home as its building plans had not been approved by the relevant municipality. The Appellant had begun to build a bigger more...