Latest Legal Briefs
Friends And Family May Turn To Foes – Be Careful Who You Appoint As An Executor
There are only two things in life that are inevitable, death and taxes. Taxes are debatable however death will come knocking on each and every one of our doors at some point in our life. This article is about making wise and responsible decisions prior to your death to ensure that you appoint an...
Remote working and the South African ‘digital nomad visa’
In the third article in our employee mobility series, we highlighted the opportunity for South Africa to become a jurisdiction of choice for employees wishing to work in the country for their foreign employer and outlined what could be done to make it a more attractive destination for remote...
Vicarious liability claims arising out of sexual harassment and the passage of time
The High Court recently emphasised the impact of prescription on a claim for vicarious liability arising out of sexual harassment in LM and South African Broadcasting Corporation. (2024) 45 ILJ 189 (GJ) At a glance
Key considerations and compliance challenges as South Africa nears implementation of groundbreaking "Failure to Prevent Corrupt Activities Offence"
Arguably one of the most far-reaching recommendations of the State Capture Commission, the introduction of a failure to prevent corruption offence, is on the cusp of being introduced in South Africa. The Judicial Matters Amendment Bill (the “Bill”) which is due to be considered by the National...
Residential Tenant, Landlord Rights Under Lockdown
In the economic turmoil caused by Covid-19 lockdown, many people have not been able to pay their residential rent. Under government lockdown regulations – which try to ameliorate this problem – where do tenants and landlords stand legally? Two main scenarios emerge in the regulations passed by...
Eric Bonnet-Maes appointed Chief Executive Officer of LexisNexis (RELX Group) for Continental Europe, Middle East and Africa
Eric Bonnet-Maes joined LexisNexis France in 2007 as Sales and Operational Marketing Director before becoming Chief Operating Officer from 2014. Since 2018, he led LexisNexis' Asia region, steering the development of Greater China, Japan, South Korea, India and Southeast Asia from Hong Kong. "I...
Employers must learn to walk the Labour Law tightrope
Section 23(1) of the Constitution of South Africa provides that “Everyone has the right to fair labour practices.” This would mean that both employees and employers should have the right to fair labour practices and should be able to sue each other at the CCMA for breaching such rights. However,...
Norton Rose Fulbright advises on US$200M financing for Kamoa mine expansion
Global law firm, Norton Rose Fulbright has advised Kamoa Copper S.A. on the US$200M financing in relation to phase three of the expansion of its operations at the world-class Kamoa-Kakula Copper Complex (Kamoa) in the Democratic Republic of Congo (DRC). The financing for phase three of Kamoa was...
The Long and Short of Short-Time – The intricacies of short-time work and how it is implemented
Short-time work, a strategic response to economic fluctuations, plays a pivotal role in South African labour law. This article aims to delve into the legal intricacies and practical considerations of short-time work, providing comprehensive guidance for employers and employees on effectively...
Sabinet and Vertice Software Solutions (VSS) Partner to Offer Streamlined Continuing Professional Development (CPD) Compliance Solution via VSS Platform
Sabinet, a leading provider of African information services, and Vertice Software Solutions (VSS), a leader in Education Technology (EdTech), have announced a new partnership to simplify the Continuing Professional Development (CPD) compliance process for healthcare professionals (HCPs) in South...
Improperly Obtained Consensus In Contracts: A Focus On Duress
In contract law, the principle of consensus ad idem, or mutual agreement, forms the cornerstone of a valid contract. However, when this consensus is obtained improperly, either through misrepresentation, duress, undue influence, or other illegitimate means, it raises questions about the validity...
Shaping Tomorrow – Women at the Forefront of Science and IP
As we celebrate World Intellectual Property Day, our focus is on the remarkable contributions of innovative South African individuals, specifically females, who are leaders in their respective fields. This year's theme, "IP and the SDGs: Building our common future with innovation and creativity,"...
The MTBPS needs to focus on easing the cost of doing business
The Minister of Finance, Enoch Godongwana, has committed himself to the task of pursuing his predecessors’ structural reform agenda and reducing red tape, the progress of which will be keenly noted in the Medium Term Budget Policy (MTBPS) on the 11th of November. Angelika Goliger, EY Africa’s...
The terms of an agreement must be honoured
The recent Supreme Court of Appeal judgment dated April 15, 2024, in the case of 68 Wolmarans Street Jhb (Pty) Ltd and others v TUFH Ltd, scrutinized the legal doctrine of pacta sunt servanda. This principle was tested in a dispute arising from the non-payment of municipal charges, leading to the...
Large fines show FSCA is focused on enforcement to leave the grey list – a red flag for non-compliant financial services providers as more fines likely
Gone are the days of box-ticking. The FSCA has imposed penalties on financial services providers for non-compliance with FICA