The judgment in Beadica 231 CC and Others v Trustees for the time being of Oregon Trust and Others (CCT109/2019) serves as an important turning-point in our law around contracts and specifically the freedom of persons to enter into any contract on terms to which the parties agree.
Megan was admitted as an attorney in December 2018 and joined our firm in 2019. She has worked in our litigation department for over 2 years and has gained experience working and advising on various [...]
A company can be liquidated regardless of whether it is solvent or insolvent. If a company is insolvent, it is unable to satisfy its debts as and when they come due (this is referred to [...]
The current position in our law is, accordingly, that where an employee is suspended for precautionary reasons (i.e. in that the employer was concerned that the employee’s continued presence in the workplace would provide him/her with the opportunity to interfere with potential witnesses and/or to destroy pertinent evidence) the employer is under no obligation to afford the employee a pre-suspension hearing before affecting the suspension.
If your neighbour is building at the early hours of the morning or on your (supposed-to-be) serene Sundays and he is not able to prove that any of the requisite exceptions to the regulations apply, certain remedies become available to you as an affected party. Such relief is based in terms of the relevant By-laws in your area, such as the City of Cape Town’s Municipal Planning By-law and the Streets, Public Places and Prevention of Noise Nuisance By-law which is exclusively applicable to the City.
Employers are cautioned against using the results of polygraph tests as the sole basis for disciplining an employee. The probative value of polygraph testing remains open ended, and its reliability, if any, is to be determined by the courts on a case-by-case basis and in conjunction with expert and / or further corroborating evidence.
According to recent reports in respect of South Africa’s planned national roll-out of the coronavirus (“COVID-19”) vaccine, it was widely anticipated that the country was due to receive its first batch of vaccines during January [...]
As the age old saying goes “Ignorance of the law is not an excuse”. The position under South African law is clear - both parents have a duty to maintain their children according to their [...]
A recent Constitutional Court (“CC”) judgment has allowed employers to breathe a collective sigh of relief in the comfort that they cannot be threatened with unfair dismissal proceedings where an employee has unreasonably rejected an [...]
Worldwide, 2020 has been a one of the more financially dire years for both persons and commercial enterprises in recent history. The South African economy has not been spared these adverse effects and there has [...]