Articles

Congratulations to Megan Campher who has been promoted to Associate from Junior Associate.

7th February 2024|Litigation|

Megan has excelled as a Junior Associate and her promotion is well deserved.  Her journey at DML began during her articles and continued through the two years of being a Junior Associate, where she gained useful experience in our Corporate and Commercial Dispute Resolution and Litigation Department. Her experience spans across corporate and commercial litigation

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Defamation on Social Media – A Refresher

31st January 2024|Litigation, Social Media law|

In a recent Free State High Court case, Itumele Bus Lines (Pty) Ltd t/a Interstate Bus Lines v Transport and Allied Workers Union of South Africa and Others [2008] ZALC 207, a self-proclaimed “public transport activist” has been ordered to remove certain defamatory publications from his social media. The Respondent, Mr Msabe, made various public

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PAIA Manual – Do you have one, is it up to date and ready for inspection?

23rd November 2023|Privacy Law, Regulatory Law|

If you do have an existing PAIA Manual, ensure you merge the mandatory forms to your Manual. The forms can be downloaded on the Information Regulator’s website. Very important to remember - it is a criminal offence not to have a PAIA Manual if you are required to do so, and your entity may face fines for non-compliance. Should you not have a PAIA Manual, or if your PAIA Manual has not been updated in terms of the provisions of POPIA or with the mandatory PAIA forms, contact us to assist you.

Breaking down the new beneficial ownership reporting requirements for trusts

8th November 2023|Commercial Law, Trusts Law, Uncategorised|

The Amendment Act has introduced new trustee obligations into the existing South African trust law. The changes pertain to the recording and reporting of beneficial ownership of trusts. The aim of this recording is to improve transparency regarding the ownership of trust assets to assist in the combatting of a money laundering and terrorist financing.

Acting without authority: What you need to know before acting as a trustee.

7th November 2023|Commercial Law, Litigation, Trusts Law|

It is vital that a trustee is authorised by the Master before they exercise or undertake any trustee powers or duties. If this is not adhered to, these unauthorised acts are void and of no legal effect. This can place the trust, its beneficiaries and even the trustees themselves, depending on the circumstances, in a precarious position which could have financial or other adverse consequences.

Dismissals for Poor Work Performance – an Employer’s Guide.

17th October 2023|Labour Law|

Employers should ensure that probationary and non-probationary employees are, amongst other things, aware of the required performance standards applicable to their position, give employees necessary guidance, counselling, mentoring and training to ensure satisfactory service, and to allow reasonable time for employees to improve the standard of their work performance. It is imperative that employers ensure that any dismissals relating to poor work performance are fully compliant with the Act and the Code of Good Practice: Dismissal (and any other applicable labour legislation).

Kim Kardashian’s Krypto Trouble Should Be A Warning To You

18th July 2023|ICT Law, Social Media law|

Reality star and businesswoman Kim Kardashian recently found herself in legal trouble in the United States after endorsing the high-risk cryptocurrency EthereumMax (“Emax”) to her millions of followers on Instagram. Since her endorsement, EMAX’s value has plummeted which led to the US Securities and Exchanges Commission bringing charges against Kim. The problem lies in the

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Attention Entrepreneur : Venture Capitalism

28th June 2023|Commercial Law|

You’re a starry-eyed entrepreneur or business owner with big dreams, intriguing ideas and promising growth prospects.  You’ve got the potential, but you need the funding. In that case, it’s time to hook a venture capitalist or two. Before you move into the market and start networking, you need to consider things carefully and ensure that

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A boon for privacy and a blow for justice: What you need to know about the new Vodacom judgment

15th June 2023|ICT Law, Litigation|

In April 2023, the Supreme Court of Appeal (“SCA”) handed down judgment in the case of Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others[1] (“Vodacom”). The case set a consequential precedent for data privacy law but may also have the effect of stifling the ability of potential litigants to obtain information from internet

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2023 Amendments to the CCMA rules

1st June 2023|Labour Law|

The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is the first port of call for the majority of disputes concerning the employment relationship and serves not only as a forum aimed at facilitating amicable and expeditious resolutions to employment disputes but also as a court of first instance for adversarial proceedings arising between, amongst others,

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