Latest Brief
October’s free LexisNexis Case Law Index is available – sign up here
The October index of the free, online LexisNexis Case Law repository is now available and once again highlights some of the interesting precedent...
Read MoreLatest Press Offices
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...
Business interruption insurance cover hinges on policy wordings
Despite early court rulings in favour of policyholders, some businesses with COVID-19-related losses will not have business interruption cover in terms of the Financial Conduct Authority (FCA) test case determined in the United Kingdom (UK) at the end of last month. The outcomes of the first test...
Why businesses need to have a Covid-19 workplace plan – especially under level 2 of lockdown
While President Cyril Ramaphosa has allowed the recommencement of most economic activities under alert level 2 (AL2) of the national lockdown, he has cautioned the nation in relation to relevant health and safety protocols so as to ensure that South Africa is not subject to a “second wave” of...
Africa tax in brief
BURKINA FASO: Multilateral Instrument instrument of ratification deposited On 30 October 2020, Burkina Faso deposited its instrument of ratification for the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“MLI”). The convention will...
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...
Trainees Are Also Employees
With very few exceptions anyone who works for any organisation is an employee. Section 213 of the Labour Relations Act (LRA) provides that an employee is anyone, other than an independent contractor who works for another person or who assists in conducting the business of an employer. This...
Scalabrini secures a victory on behalf of asylum seekers
Home Affairs has been interdicted from implementing certain provisions of the Refugees Act and new Regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country where they could be face detention without trial, rape, torture, or death, merely...
Diego Maradona: No Last Will & Testament Means More Drama
Diego Maradona was touted as one of the greatest footballers to have ever lived. His professional career, however, was tainted by controversy none of which was greater than the “Hand of God” goal that helped Argentina beat England in the quarter finals match of the 1986 FIFA World Cup. The game...
Condictio Indebiti: Johannes T H Van Niekerk V Liberty Group Limited (1392/18) 2020 [Zasca] 65 (15 June 2020)
Unjustified Enrichment refers to the instance where a party’s interest or estate is increased at the expense of another party’s interest or estate, where such increase cannot be justified. Normally remedied by way of condictio indebiti, unjustified enrichment enjoyed recent judicial attention...
Copyright reform takes one tentative step forward, and several more back
Proposed amendments to South Africa’s Copyright Act of 1978 have been underway for several years, with the first draft of the Copyright Amendment Bill published for public comment in July 2015. However, commentators levelled harsh criticism against it, claiming that it was poorly drafted and in...
When disaster strikes from an Environmental Law perspective – an explanation of sections 30 and 30A of NEMA
Disasters can strike at any given moment and can wreak havoc in their wake. Although the Covid-19 pandemic is not strictly an environmental legal issue, it resulted in President Cyril Ramaphosa declaring a national state of disaster in South Africa in terms of section 27 of the of the Disaster...
SA Competition Commission plans to zoom in on digital markets
The Competition Commissioner during the Commission's Annual Conference (in November 2020), noted that the Commission will take a "decisive and proactive stance to ensure the balance of economic forces favour a shift to facilitating entry and a more competitive digital economy". Proposed changes...
Freezing of clients’ account prohibited in certain circumstances
The Financial Intelligence Centre Act, 38 of 2001 (“FIC Act“), places an obligation on accountable institutions to identify clients, to keep record of transactions, to report various transactions and to take measures to promote compliance with the provisions of the FIC Act. In the recent matter...
