Electronic signature of sale of immovable property agreements – what’s new?
If you asked a year ago whether you could sign a sale of immovable property agreement electronically, the short answer would have been that an electronically signed agreement of sale is not valid or binding on the parties. With the swift advances in technology, and more people than ever working remotely, there has been a more...
Real change to the real estate industry: how does the Property Practitioners Act affect your firm?
The new Property Practitioners Act provides a substantive change to the real estate market in South Africa with a bigger focus on transformation and consumer protection The Act introduces new restrictions on the conduct of ‘property practitioners’ in their interactions with consumers, including obligations relating to the display of Fidelity Fund certificates and the completion 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...
Commencement of the Cybercrimes Act
The President has proclaimed the commencement of the lion’s share of the Cybercrimes Act, No 19 of 2020, with effect from the 1st of December 2021. The sections omitted from commencement are largely related to the implementation of enforcement mechanisms, and are presumably omitted so as to allow the necessary administrative arrangements to be made. more...
M Booysen v J Dolley-Major (Case No: 5043/2021) Landmark case – Naming an alleged rapist on social media
We are all aware of the serious legal consequences of defamatory posts on social media, but as discussed in my article on defamation and the elements that need to be proven, it is an intricate area of law and there is a constant weighing of individual rights by the courts. This case is an excellent more...
Let’s talk about defamation of character…again
Why do we have to continue talking about this? Defamation of character has become one of the most frequent issues that clients raise with attorneys. Either they are being defamed on social media or are accused of defaming someone else or a business on social media. It would be easy to keep blaming it on more...
Mandatory COVID-19 vaccination in the workplace
On 11 June 2021, the Department of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (“Directions”). The Directions provide various guidelines to employers pertaining to social distancing, the wearing of cloth masks, COVID-19 symptom screening and the importance of adequate ventilation in the workplace. Most importantly, more...
Distinguishing between an employee vs an independent contractor relationship
The first port of call in most, if not all, labour disputes is to determine whether the individual involved qualifies as an “employee” in terms South African labour laws, or whether he/she is categorized as an “independent contractor”. The distinction between the two is significant, as it will cement the course to be navigated by more...
Judicial redress in contracts: a balancing act
On 5 November 2019, Beadica 231 CC and Others v Trustees for the time being of Oregon Trust and Others (CCT109/2019) was before the Constitutional Court. This case made its way up, starting in the Western Cape High Court, then to the Supreme Court of Appeal (“SCA”), and finally, to the Constitutional Court. The judgment more...
We are proud to announce that Megan Scott has been promoted to an Associate at Dingley Marshall Lewin.
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 matters including disputes involving commercial and non-commercial agreements, property and labour disputes, e-commerce and consumer rights, company and insolvency law. more...