What was Worker’s Compensation is now COIDA – annual assessment is required
The announcement of a large settlement between Anglo American South Africa and 23 former gold miners suffering from silicosis may cause employers to question the basis for the claim? Legislation in South Africa requires employers to contribute to compensation funds, known colloquially as workmen’s compensation. Since the passing of the Compensation for Occupational Injuries and more...
Dismissal of an employee on probation
It is common for employers to engage employees for a probationary period prior to permanent employment. The period is usually negotiated and included in the employment contract. If an employer is uncertain whether an employee is suitable for the job, the probationary period may be extended. After probation there is no automatic right to continued more...
Restriction on legal representation at the CCMA
The North Gauteng High Court recently heard the matter of Law Society of the Northern Provinces v Minister of Labour and Others (61197/2011). In this matter the court considered the constitutionality of the restriction on legal representation in terms of Rule 25(2)(c) of the Rules of the CCMA. Rule 25(2)(c) provides as follows: “If the more...
Retrospective liability for environmental offences
There is a presumption in South African common law against the retrospective application of legislation; but the September 2009 amendments to the National Environmental Management Act (NEMA) created an exception to this rule. The new section 28(1A) confirmed that the duty of care and remediation for environmental damage also applies to damage that occurred before more...
Why everybody needs a will
An investment in estate planning and the drafting of a Last Will and Testament is an investment in putting a plan in place which can be carried out in an orderly and efficient manner in the event of death. This is of paramount importance in safeguarding the interests of dependants and loved ones, particularly the more...
Legal Professional Privilege of Legal Advisors
Legal professional privilege provides for the protection of communications, between clients and their professional legal advisor, from being disclosed without the client’s consent. The purpose of this privilege is to promote disclosure to legal advisors without fear of prejudice. In South African law legal professional privilege is a common law right. However our Constitutional dispensation more...
For better, for worse, will an ante nuptial contract (ANC) protect you during and after marriage?
In South Africa there are three distinct types of marriages and three laws currently provide for the status of partners in these relationships. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil more...
Section 89(5)(C) of the National Credit Act declared unconstitutional
The Western Cape High Court recently heard the matter of Opperman v Boonzaaier and Others (24887/2010). In this matter the Applicant who is a farmer by occupation, lent his friend, the First Respondent an amount of R7 million to assist him in a property development. The First Respondent was unable to meet his payment obligations more...
PAIA manual deadline exemption – does the exemption apply to you?
In terms of the Promotion of Access to Information Act, No 2 of 2000, all private entities are obliged to prepare a manual that will describe the type of records that they hold and the way in which those records may be accessed. This is an onerous task for small or low income entities and more...
The definition of boundaries to sectional title sections and exclusive use areas
Welcome amendments to the sectional title act and regulations. When the Sectional Titles Act 95 of 1986 (“the Act”) amendments came into effect on 7 December 2010, one welcome change to the Act related to how the boundaries of a section are defined that provided clarity for sectional title managers and sectional title owners. Although more...
Separate enjoyment and control
Trusts are flexible and there is a relative lack of formality in their creation and operation. Trustees and Beneficiaries should be aware that the leeway provided by the wording of the trust deed does not absolve them of the need for accountable administration. In a recent judgement, Land and Agricultural Bank of South Africa v more...
The right to terminate a lease in order to increase rental
The Supreme Court of Appeal considered the matter of Maphango v Aengus Lifestyle Properties (Pty) Ltd (2011) 3 All SA 535 recently. The Respondent was the owner of the premises and the Appellants were the tenants. The Respondent gave the Appellants written notice of the termination of their leases and further advised that should they more...