Consistency is key: Restraints of Trade and the Pitfall of Selective Enforcement – A review of Altron Nexus (Pty) Ltd v Maurice Fowler and MST Critical Communications (Pty) Ltd
Accordingly, and in the event that an employer does apply a policy of selective enforcement of restraints of trade in its operations, it must, at the very least, be able to provide cogent, persuasive and reasonable justification for such a policy failing which its prospects of success in restraints-based litigation will be significantly diminished.
Congratulations to Megan Melck who has been promoted to Associate from Junior Associate.
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 more...
Defamation on Social Media – A Refresher
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 more...
The challenges and limitations of using a Power of Attorney when someone becomes incapacitated
We are often approached to prepare a power of attorney for someone whose family member faces illness, mental or physical incapacity, or an inability to manage their own affairs.
Acting without authority: What you need to know before acting as a trustee.
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.
A boon for privacy and a blow for justice: What you need to know about the new Vodacom judgment
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 more...
Tax Judgments: What are they? What do I need to know?
A debt is legally enforceable when it is made an order of court. Chapter 11 of the Tax Administration Act 28 of 2011 regulates the recovery of tax by SARS. Part B thereof relates to the civil judgment procedure. Section 172 of the Tax Administration Act 28 of 2011 (“TAA”) allows SARS to obtain civil more...
Con Court Sets the Record Straight: Tax judgments can be rescinded
If a taxpayer owes money to SARS and does not pay, SARS may file a certified statement with a competent court, which will be “treated as a civil judgment” (section 174 of the Tax Administration Act 28 of 2011 (“TAA”)). Recently the Constitutional Court finally set the record straight in Barnard Labuschagne Incorporated v South more...
We are proud to announce that Peter Turner has been promoted to Senior Associate at DML.
Peter was admitted as an attorney in December 2012 and holds LLB and LLM (Constitutional Law) degrees obtained from the University of KwaZulu-Natal. Since his admission as an attorney, Peter has practiced mainly, although not exclusively, in the fields of commercial litigation / dispute resolution and labour law. Before joining DML Inc in February 2018, more...
Bool Smuts v Herman Botha – Right to Privacy v Freedom of Expression
On 10 January 2022 the Supreme Court of Appeal handed down a landmark judgment in the matter of Smuts and Another v Botha and Another (887/2020) [2022] ZASCA 3 (10 January 2022) which gives us an inside look at how our privacy laws are applied by the courts. Summary In this matter, Bool Smuts, a more...
Mandatory Workplace Vaccination Polices: So it Begins…
On 21 January 2022 the CCMA delivered its findings in the unfair dismissal dispute of Mulderij v The Goldrush Group (case number: GAJB-24054-21), where it confirmed that the dismissal of an employee pursuant to a refusal to adhere to an employer’s mandatory workplace vaccination policy (“MWVP”) may be considered substantively fair. It is the first more...
A step-by-step guide to having your documents commissioned
“Please, go back to the commissioner of oaths and repeat the process – you skipped a page!” – do these words sound familiar? Having documents commissioned should be a relatively simple task. In practice, however, minor mistakes, like a missed initial, can undermine the integrity of the entire process. Unfortunately, this is often only cured more...