Legal contributor articles

Latest showcases

More showcases...


Artist's moral rights are separate from copyright
Artist's moral rights are separate from copyright

Creativity often involves making something new from an existing concept or work. It is here where artists may be too enthusiastic and may step on one another's toes...

By Mariëtte du Plessis 2 Mar 2015 08:29

Copyright does not protect functionality of apps
Copyright does not protect functionality of apps

The boom in the development of smart device technologies and mobile apps during the last few years has created an amazing platform for entrepreneurs...

By Danie Pienaar 12 Feb 2015 08:29

Tribunal gives reasons for dismissing Lekoa complaint
Tribunal gives reasons for dismissing Lekoa complaint

On 20 November 2014 the Competition Tribunal published reasons for its decision to dismiss a complaint referred directly to it on the basis that the complainant failed to demonstrate a competition law case...

By Nazeera Mia 9 Feb 2015 09:23

Competition Tribunal approves Ellerine transactions
Competition Tribunal approves Ellerine transactions

On 12 November 2014 and 12 December 2014, the Competition Tribunal approved two transactions relating to the attempts to raise capital for the struggling Ellerine group as part of the current business rescue process it is engaged in...

By Leana Engelbrecht 9 Feb 2015 08:59

Competition Commission's appeal against SAB dismissed
Competition Commission's appeal against SAB dismissed

The Competition Commission's appeal against South African Breweries Limited (SAB) was dismissed with costs in a judgment handed down on Monday, 2 February 2015 by the Competition Appeal Court (CAC)...

By Leana Engelbrecht 5 Feb 2015 07:42

Straying from trade mark law principles a cause for concern
Straying from trade mark law principles a cause for concern

The Supreme Court of Appeal (SCA) has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property (IP) Law...

By Prof Owen Dean 2 Feb 2015 08:26

Botswana passes legislation to combat terrorism
Botswana passes legislation to combat terrorism

The government of the Republic of Botswana has seen it fit to pass legislation which will provide measures to prevent and combat terrorism, provide for offences, including financing of terrorism...

By Thabiso T. Tafila 28 Jan 2015 07:05

VAT vendor wins case against State
VAT vendor wins case against State

The Supreme Court of Appeal (SCA) on 12 December 2014 handed down judgment in the matter of Director of Public Prosecutions, Western Cape v Parker (103/14) [2014] ZASCA 223...

By Heinrich Louw 23 Jan 2015 10:11

Louis Kruger
Claiming notional input tax credit

Where a VAT Vendor acquires fixed property from a Non-VAT Vendor, such transaction is subject to Transfer Duty at the prescribed rates...

By Louis Kruger 16 Jan 2015 12:46

Anton Harber
Confronting racism on the internet: A response to Nzimande

Minister of Higher Education and Communist Party chief Blade Nzimande is right to be concerned about hate speech and racism on the internet - but what is to be done about it?

By Anton Harber 8 Jan 2015 14:10

Amendment Act aims to streamline labour environment
Amendment Act aims to streamline labour environment

On 1 January 2015 the Labour Relations Amendment Act, No.6 of 2014 (LRAA), will take effect - with the exception of s37(c) - and South African businesses will have to comply with the new obligations created in the Act...

By Aadil Patel 22 Dec 2014 10:02

Green skeletons: corporate social responsibility advances
Green skeletons: corporate social responsibility advances

The term 'corporate governance', and possibly the term 'corporate social responsibility', is bandied about in commercial circles with an air of confidence that is most beguiling...

By Neil Kirby 12 Dec 2014 07:23

Mondi granted access to information used by the Commission to initiate complaint
Mondi granted access to information used by the Commission to initiate complaint

On 12 November 2014, the North Gauteng High Court issued its reasons in respect of the interlocutory application brought by Mondi Limited (Mondi) against the Competition Commission...

By Leana Engelbrecht 3 Dec 2014 10:50

Interpretation of fiscal legislation
Interpretation of fiscal legislation

The judgment of the Supreme Court of Appeal in Commissioner SARS v Bosch (394/2013) [2014] ZASCA 171 (19 November 2014) (Bosch case) dealing with the fiscal consequences of a deferred delivery transaction is not only important in the context of the meaning of simulation, but also with reference to the way in which legislation should be interpreted...

By Emil Brincker 3 Dec 2014 10:16

No evidence justifying penalty
No evidence justifying penalty

Judgment was handed down in the Tax Court on 18 November 2014 in the case of AB (Pty) Ltd v The Commissioner for the South African Revenue Service (case number 1132, as yet unreported)...

By Heinrich Louw 3 Dec 2014 09:41

Relationship between Companies Act and constitutional documents
Relationship between Companies Act and constitutional documents

The Companies Act, No 71 of 2008, provided for a two-year transitional period during which existing companies could file (without charge) an amendment to its articles of association to bring it in line with the Companies Act...

By Justine Krige 3 Dec 2014 09:15

Anton Harber
MPs more free in the street than in Parliament

I can stand in the street and call someone a thief. I can even call the president a thief. But I can't do it in Parliament. Something is topsy-turvy here...

By Anton Harber 21 Nov 2014 09:39

A case for independent, objective environmental assessment experts
A case for independent, objective environmental assessment experts

The independence and objectivity of EAPs are crucial factors impacting the quality, efficiency and effectiveness of environmental assessment in South Africa....

By SRK Consulting 20 Nov 2014 07:52

CPA not applicable to majority of residential property sales
CPA not applicable to majority of residential property sales

Since the promulgation of the CPA on 1 April 2011 there has been debate as to whether the voetstoots clause is permitted by the CPA...

By Chantelle Gladwin 20 Nov 2014 06:35

Grace Belger
Avoid lawyers and be human...

There is a lesson here for Cell C (and other companies, for that matter) in the Cell C banner debacle. When you are facing a reputational crisis, the worst reaction is to be defensive; run to the lawyers and advertise...

By Grace Belger 19 Nov 2014 15:21

Legal onslaught against bargaining councils receives temporary setback
Legal onslaught against bargaining councils receives temporary setback

The legal onslaught in the court room battle against bargaining councils and their collective agreements received a temporary setback in Misa v IA Macun and Others...

By Faan Coetzee 17 Nov 2014 16:12

Popularity of SA wines heightens threat of fraud
Popularity of SA wines heightens threat of fraud

A first at this year's Nedbank Cape Winemakers Guild Auction was the application of security foil strips to each bottle of wine on auction...

By Donvay Wegierski 12 Nov 2014 11:31

New withholding tax on interest soon into operation
New withholding tax on interest soon into operation

With the new withholding tax on interest soon coming into operation on 1 March 2015, preparations by affected parties for the tax should be well under way.

By Graeme Palmer 7 Nov 2014 07:59

Yossi Hasson
Managing risk: Why email archiving is critical

In a fast-moving and rapidly evolving business environment, which is undergoing a transformative shift to digital communications - it is increasingly important for businesses to protect themselves...

By Yossi Hasson 4 Nov 2014 09:26

Competition Commission approves Grohe acquisition
Competition Commission approves Grohe acquisition

The Competition Commission recently announced its unconditional approval of Grohe Luxembourg Four SA's acquisition of joint control over South African-based Apex Valves South Africa, Cobra Watertech, Isca, Libra Bathrooms, Vaal Sanitaryware and Expiro Manufacturing (Watertech Companies).

By Nazeera Mia 4 Nov 2014 07:45

Cross-shareholdings can create an element of transparency
Cross-shareholdings can create an element of transparency

Recently the Competition Commission conditionally approved a merger involving two cement producers, Holcim Limited and Lafarge SA.

By Nazeera Mia 4 Nov 2014 07:38

Change in BCEA can lead to claims against employers
Change in BCEA can lead to claims against employers

A change to the Basic Conditions of Employment Act (BCEA), which came into effect on 1 September this year, could have a big effect on practice in the Commission for Conciliation, Mediation and Arbitration (CCMA) and on employers who face claims of underpayment.

By Professor Paul Benjamin 3 Nov 2014 09:52

Market for counterfeit goods in Africa on the rise
Market for counterfeit goods in Africa on the rise

As business environments improve, Africa's urbanisation and middle class are growing rapidly. Over the past decade, six out of the 10 fastest-growing economies worldwide were in sub-Saharan Africa.

By Lucy Signorelli 3 Nov 2014 08:21

Labour Appeal Court almost doubles judgments
Labour Appeal Court almost doubles judgments

This year the big question in labour law has been when the Labour Relations Act (LRA) Amendments will come into effect.

By Professor Paul Benjamin 3 Nov 2014 07:37

Draft Code on equal pay available for comment
Draft Code on equal pay available for comment

The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value (Draft Code) on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.

By Jacques van Wyk 29 Oct 2014 07:39

Next >