In the instance where a majority union enters into a collective union with an employer which clearly identifies and binds non-parties, such agreement will be binding upon minority unions.
By Jacques van Wyk and Andre van Heerden 19 Dec 2013 09:39
It is a well-established principle of tax law to "pay-now-argue-later". In other words, the obligation to pay tax arises when an assessment is issued and it is not suspended by an objection or an appeal against such assessment. A taxpayer who pays the disputed tax, and has his appeal or objection upheld is entitled to interest from the date of payment of the disputed amount to the date on which such amount is refunded.
By Graeme Palmer 19 Dec 2013 07:23
Nugent AJA (as he then was) stated the following in the matter of Nestle (South Africa) (Pty) Limited vs Mars Inc 2001 (4)(SA) 542 (SCA):
By Jonathan Witts-Hewinson 19 Dec 2013 07:17
After a four-year battle with its competitor Nestle, the UK Appeals Court has refused the registration of Cadbury's trademark application for the specific colour purple that Cadbury has used for over 150 years in relation to its chocolate wrapping.
By Christophe van Zyl 11 Dec 2013 13:51
As of 6 December this year you will no longer see a nurturing mother feeding her happy baby a bottle of formula milk as an advertisement in any newspaper, magazine, on a website or on television.
By Lize Mills 11 Dec 2013 09:28
The Protection of Personal Information Act No. 4 of 2013 (POPI) was signed into law in November. It comes at a time when marketing has just entered the promised land of customer profiling, behavioural advertising, big data, and multiple marketing channels.
By Steve Ferguson 9 Dec 2013 08:42
The unbearable lightness of Yunus Carrim as he seeks to limit the damage from the Special Investigative Unit report on endemic SABC corruption.
By Ed Herbst 4 Dec 2013 08:09
The Presidency has announced that Thembekile Kimi Makwetu has been appointed Auditor General with effect from 1 December 2013.
2 Dec 2013 09:54
The North Gauteng High Court in a judgment on 27 November upheld the system of sectoral collective bargaining under the auspices of Bargaining Councils.
2 Dec 2013 08:38
Bank guarantees feature regularly, and are very often perceived as 'standard' or 'template' documents in respect of which little if any negotiation is encountered insofar as legal drafting is concerned.
By Yaniv Kleitman 29 Nov 2013 11:17
The chief operating officer position at the SABC may be advertised soon, Communications Minister Yunus Carrim said yesterday.
26 Nov 2013 10:09
Complementary medicines, long unregulated in South African law, are now formally included in the General Regulations ("the General Regulations") promulgated in terms of the Medicines and Related Substances Act No. 101 of 1965, as amended ("the Medicines Act").
By Neil Kirby 25 Nov 2013 11:33
Police Minister Nathi Mthethwa says the network of crime has grown and has become a complex problem in the country.
25 Nov 2013 11:00
Government says it notes the Public Protector's outline on how her office will deal with the interim report and comments submitted by the Justice, Crime Prevention and Security (JCPS) cluster on the security upgrades at Nkandla.
21 Nov 2013 11:48
Motorists are obliged to pay their e-tolls whether or not they receive an invoice from Sanral, claims agency spokesman Vusi Mona.
20 Dec 2013 08:19
Plettenberg Bay residents are furious about a proposed multi-billion-rand small-boat harbour they claim will destroy the character of the village.
19 Dec 2013 11:05
Section 6 of the Competition Amendment Act, 2009 ("Amendment"), which came into effect on 1 April 2013, formalised the powers of the Competition Commission ("Commission") to conduct market inquiries.
By Lerisha Naidu 12 Dec 2013 12:25
Moneyweb is suing Fin24 for copyright infringement and unlawful competition based on seven articles, published over a year, which included news elements derived - with attribution - from Moneyweb.
12 Dec 2013 11:37
In October 2011 the SCA had occasion, in the matter of Dormell Properties 282 CC vs Renasa Insurance Company Limited and Others NNO 2011 (1) SA 70 (SCA)("Dormell"), to consider and pronounce upon the status and enforceability of a construction guarantee under circumstances where a dispute existed between the Contractor and the Employer in whose favour the guarantee had been issued.
By Nick Muller 12 Dec 2013 10:37
ENSafrica announced that the firm is extending its reach yet again and is set to open an office in Mauritius.
4 Dec 2013 11:58
The Protection of Personal Information (POPI) Act was signed into law by President Jacob Zuma last week and once the commencement date is proclaimed‚ companies will have a year to become fully compliant with the Act or face criminal sanctions and civil damages.
By Amanda Visser 4 Dec 2013 06:48
Transport Minister Dipuo Peters is on public protector Thuli Madonsela's radar for alleged improper conduct involving a tussle over R500m in traffic fines and licence renewal fees.
By Sipho Masombuka 3 Dec 2013 09:33
Five east African countries have signed a protocol to establish a monetary union, in a first step towards creating a single, common currency.
2 Dec 2013 10:59
The Road Accident Fund will commission a study next year to determine the possible effects of the government's drive to shift freight from road to rail and to increase the use of rail as a means of mass transportation, chief executive Eugene Watson told a research colloquium organised by the fund.
29 Nov 2013 09:19
The City of Cape Town is expected to return to the Western Cape High Court on Thursday (28 November) to resolve an ongoing dispute over the proposed N1/N2 Winelands Toll Highway Project.
28 Nov 2013 10:41
The Gauteng province's advertising boards in the ANC colours is a threat to the country's democracy, the FF Plus said on Wednesday.
28 Nov 2013 09:47
Turkish communications and technology company Turkcell has filed a law suit against MTN at the South Gauteng High Court‚ five months after it withdrew a similar claim in the US.
By Thabiso Mochiko 28 Nov 2013 06:31
Cooperative Governance and Traditional Affairs Minister Lechesa Tsenoli has called for the establishment of a forensic investigation team to probe corruption allegations levelled against the Westonaria municipality and the Bekkersdal Urban Renewal Programme.
27 Nov 2013 10:31
As the pace of development into the rest of Africa gains momentum, more and more South African companies are considering expanding their businesses into the rest of the continent. There are several legal issues to consider - and some pitfalls to beware of.
By Anli Dowling 26 Nov 2013 10:12
Consumers are falling victim to unauthorised debit orders debited to their accounts by dodgy companies.
21 Nov 2013 08:50
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