by HoneyAdminOptional extended warranty and club fees of Lewis not in breach of National Credit Act 34 of 2005
NATIONAL CREDIT REGULATOR V LEWIS STORES (PTY) LTD AND ANOTHER 2 All SA 31 (SCA) In this case the National Credit Regulator (the “NCR”) wanted a declaratory order confirming that Lewis Stores (Pty) Ltd (“Lewis”) had repeatedly contravened certain provisions of the National Credit Act 34 of 2005 (the “Act”). The NCR contended that the charge levied by Lewis for an extended warranty...
by HoneyAdminFinal Edition Judgments
Industrial Relations and Human Resources :: employment South African Communication Union and another v Telkom SA SOC Ltd and others JOL 46876 (LC) Case Number: J203 / 2020 Judgment Date: 05 / 03 / 2020 Country: South Africa Jurisdiction: Labour Court Division: Johannesburg Bench: RG Lagrange J...
by HoneyAdminEmployment relationships under lockdown – Employer rights and duties during 21-day lockdown
All employers who do not fall within the essential services category have, or at least should have, temporarily closed down their operations after the announcement by our President of the 21-day lockdown to curb the spread of the COVID-19 virus. The lockdown has caused uncertainty among employers and employees alike; especially regarding aspects related to employer/employee rights during...
by hnydmnNotice: Covid-19
As a result of the nationwide lockdown announced by President Ramaphosa on 23 March 2020, we have little option but to continue to further the interests of our clients from our respective homes. Although we shall endeavour to continue to work at our normal operating standard, reduced capacity is inevitable. Our switchboard will as a result be closed from Friday, 27 March 2020, until...by hnydmnSettlement agreement
CASE LAW: Department of Agriculture, Forestry and Fisheries and another v B Xulu & Partners Incorporated and others JOL 46606 (WCC) An obscure settlement agreement was finalised between the first respondent, B Xulu and Partners Incorporated (herein referred to as “BXI”), and the first applicant, The Department of Agriculture, Forestry and Fisheries (herein referred to as “DAFF”),...by hnydmnNeighbourly Nuisance and the potential legal remedy
As inhabitants of the real world we have all faced some form of nuisance to our property whether noise, pollution or physical obstruction. When faced with such adversity, the question arises whether any legal remedy exists to prevent such interference or encroachment on one’s right to use and enjoy one’s property. More often than not the most common remedy for nuisance is to interdict the...by hnydmnYour obligation as a credit consumer in regards to collection costs of credit
In the majority of credit agreements, a person, as a credit consumer (“receiver of credit”), binds himself to the obligation that should he default in his monthly payments to the credit provider, the credit provider shall be entitled to demand the full payment of the principal debt by means of legal proceedings, accompanied by the costs associated with the collection thereof. These...by hnydmnWills, trusts and estates
The Master of the High Court in Bloemfontein (eighth respondent) on the 24th of May 2017 accepted a written and signed document as Last Will and Testament of the deceased who passed on the 25th of April 2017. The Applicant is one of the deceased’s daughters. The Applicant challenged the validity of the Will on the grounds that the testatrix (the deceased) did not exercise her...by hnydmnIndustrial relations and human resources
The CCMA when settling disputes by agreement between the parties is under no obligation to first require a referring party to ask for condonation and subsequently hear the party’s condonation application should the referral, made by the referring party to the CCMA, appear to be outside the required 30 days. The CCMA was created to speedily deal with disputes can settle the matter by agreement...by hnydmn