
Can an employer taking disciplinary action, result in it being considered an automatically unfair dismissal?
15 January 2021 | Jean Vermaas In the matter of James v Namcon (Pty) Ltd it was ultimately decided that the Employers action in disciplining and eventually dismissing the employee was an automatically unfair dismissal in terms of Section 187 of the Labour Relations Act which reads as follows: (1) A dismissal is automatically unfair if the employer, in dismissing the employee,...
The right to recourse in terms of defamation
Defamation of character is described as the intentional and wrongful publication of a defamatory statement in regards to an aggrieved person, which statement has the consequence of tarnishing and / or damaging the aggrieved person’s reputation and good name.
Injured in a slip and fall
22 December 2020 | Yolandi Vosloo We all take a stumble now and then but what is the result if such incident results in serious injuries, occasioned by negligence of the property owner? Liability for slip and fall injuries may arise based on a defendant‘s ownership of the premises where the injury occurred, their control thereover or both. Grounds for a potential claim...
Types of insolvency
22 December 2020 | Stacy Saffy Factual Insolvency means that a debtor’s liabilities exceeds his or her assets and results in the inability to pay his or her debts. Commercial insolvency is a state of illiquidity where there is an inability to pay debts even though the assets may exceed its liabilities. The only difference between these two terms is whether the...
Land rights: Expropriation Bill – Expropriation without compensation
22 December 2020 | Marili Orffer Expropriation without compensation has been a controversial topic amongst South Africans since the possibility thereof was first announced by the President. The latest Expropriation Bill was introduced to Parliament on the 12th of October 2020. Expropriation is not a new concept in South African law. The current Expropriation Act was promulgated in...
The appointment of curators in Road Accident Fund instances
The appointment of curators in Road Accident Fund instances When people involved in motor vehicle accidents sustain traumatic brain injuries, the question arises whether they still have the necessary legal capacity to administer their own affairs, enter into contracts or to litigate. In these circumstances, the seriousness of the brain injury is extremely important as it might have an impact...
The responsibilities of the financial service providers (FSP) and their representatives
In terms of section 1(1) of the Financial Advisory and Intermediary Services Act, 37 of 2002 (“FAIS Act”), advice means any recommendation, guidance or proposal of a financial nature furnished, by any means or medium, to any client or group of clients: – In respect of the purchase of any financial product; or – In respect of the investment in any financial product; or – On...
Matrimonial property regimes
Getting married is one of the biggest steps that a person can take in his or her lifetime. It’s also a very exciting time for a couple and usually entails a magnitude of planning and administration. Finding the correct wedding venue, inviting all of the guests, appointing a Marriage Officer, catering arrangements, decor and music are typically all things that need to be arranged and can take a...
What is the legal implications to buy or sell a property “voetstoots”?
“Voetstoots” has its origins in South Africa’s Roman-Dutch law heritage and translates to: “to push a thing sold with one’s foot to indicate delivery and not come back with complaints later”. This means to sell or buy a property “as it stands” or in the condition in which the property is at the time of the sale.