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...
LAC finds that an employee who was dismissed for recreational cannabis use at home was unfairly discriminated against
In the recent case of Enever v Barloworld Equipment South Africa, a Division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] ZALAC (23 April 2024), the Labour Appeal Court (LAC) set aside the order of the Labour Court where it was held that the dismissal of an employee who tested positive...
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...
Disciplinary hearings must be above board
There are several unfair methods that might be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury tactics include the falsification of documents, the influencing of witnesses, illegal entrapment, coercing employees to make admissions or confessions and...
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 SA Expat's Roadmap for Moving Funds Abroad
In an increasingly interconnected world, many South Africans find themselves considering opportunities abroad, whether for career advancement, lifestyle changes, or retirement, however the answer to the question is not so straightforward and involves more than just packing up and leaving; it...
Policy Commons: Illuminating millions of pages of essential knowledge for policy research
Grey literature is the unpublished, non-commercial, hard-to-find information that organisations such as think tanks, professional associations, research institutes and government departments produce. This valuable yet often overlooked asset is growing in volume and significance and yet it remains...
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...
PRECCA updates emphasise third-party accountability and proactive anti-corruption
South Africa is continuously suffering from the effects of corruption and drainage of resources, some of which were highlighted in the State Capture saga. Optimistically, significant changes have occurred in the public and private spheres to ensure that the industrial-scale corruption perpetrated...
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