No person is by nature able to act on behalf of another, he or she must have the necessary authority to do so. This authorisation is commonly given in the form of a power of attorney.
By Lize de la Harpe 10 Mar 2014 11:38
Just because they lived close to Oscar Pistorius and had the misfortune of hearing the events that led to his murder trial, the lives of witnesses were torn apart.
By Anton Harber 10 Mar 2014 07:01
Times have changed and so have the ways in which people choose to spend their lives together. While the big white wedding might be a little girl's dream, some men and women today are choosing to forego marriage and simply live together as partners.
By Geraldine Macpherson 4 Mar 2014 10:14
This week's decision by Judge Dunstan Mlambo to allow the broadcasting of the Oscar Pistorius trial was itself broadcast live - and provided a vivid demonstration of the value of letting cameras into courts.
By Anton Harber 28 Feb 2014 06:12
Presently the Chinese trademark system has a reputation for being slow, expensive and complex. It is therefore anticipated that the third amendment to the trademark law of the People's Republic of China, which introduces significant changes, effective 1 May 2014, will be welcomed.
By Donvay Wegierski 26 Feb 2014 09:29
Understanding consumer rights is becoming an integral part of conducting business in South Africa. With an increased emphasis on potential harm to consumers by goods and services, suppliers around the world must become conscious of their obligations in law in various jurisdictions including South Africa.
By Neil Kirby 24 Feb 2014 10:08
The Namibian Competition Commission prohibited a proposed merger in terms of which Colas South Africa Proprietary Limited and Road Contractor Company (RCC) Limited were to acquire equal shareholding in Guinea Fowl Investments (which would be renamed Oryx Surfacing Proprietary Limited).
By Leana Engelbrecht 24 Feb 2014 08:57
As governments around the world come under pressure to collect tax to meet their growing needs and budget deficits there has been an increase in cross-border co-operation between tax authorities.
By Graeme Palmer 20 Feb 2014 07:59
The Master of the High Court in Cape Town has authorised a warrant for the arrest of Anthony (Tony) Vaughan, director of Media Nova and various other publishing companies.
By Glenda Nevill 19 Feb 2014 10:05
Public Protector Thuli Madonsela released her report on the SABC yesterday. The report - 'When Governance and Ethics Fail' - paints a damning picture of abuse of power, mismanagement, waste and corruption, and outright dishonesty at the public broadcaster.
By Rod Baker 18 Feb 2014 07:38
The latest Adcorp Employment Index (January 2014) indicates that the South African economy lost 36,290 jobs during January 2014. Unemployment, according to StatsSA, sits at 24.1% (or 4.8m people actively looking for work being unable to find jobs).
By Johan Botes 17 Feb 2014 09:42
If you were the judge in the Oscar Pistorius trial, would you allow cameras and cellphones into the courtroom?
By Anton Harber 14 Feb 2014 06:49
"The senior management at the SABC couldn't even be bothered to do the numeracy test that was required for a proper skills assessment. The entire senior management of the SABC is in a dire, dire state." Marian Shinn, Parliament 4 February 2005
By Ed Herbst 10 Feb 2014 08:08
The Dangerous Weapons Act 15 of 2013 ("the Act") was signed into law by President Jacob Zuma in July last year and came into force earlier this month. The Act prohibits the carrying of dangerous weapons such as pangas, metal pipes, kieries, rocks and spears at public protests and strikes.
By Nadia Mather 30 Jan 2014 12:26
The Tax Administration Laws Act 28 of 2011 is a fascinating and far-reaching piece of tax legislation that affects all taxpayers and tax practitioners. For instance, Chapter 15 of the Act deals with administrative non-compliance penalties, which comprise fixed amount penalties and the percentage-based penalty.
By Michael Stein 30 Jan 2014 10:00
Until quite recently, there existed some uncertainty as to whether the absence of statutory permissions, for example the failure to obtain statutory approval for the construction of a carport or outbuilding, constitutes a latent defect (that is, a defect which is not visible or discoverable upon an inspection of the property) within the scope of the voetstoots clause, or whether the voetstoots clause protects sellers only against defects of a physical nature.
By Andrew Seaber 30 Jan 2014 08:29
Our selection of trends is broad - but cherry-picked - to give you a sense of what the trends are, across a wide variety of industries.
By Dion Chang and Raleen Bagg 29 Jan 2014 09:26
NEWSWATCH: Gauteng's use of ANC colours in billboards and posters - supposedly to publicise the administration's work, but using ANC party colours - has raised questions, reports Mail & Guardian.
By Rod Baker 17 Jan 2014 08:07
The Income Tax Act, 1962 was recently amended to provide for a new withholding tax on cross-border service fees. According to the new law, a withholding tax of 15% must be levied on the amount of any service fee that is paid by any person to or for the benefit of any foreign person to the extent that the amount is regarded as having been received by or accrued to the foreign person from a source within South Africa.
By Graeme Palmer 16 Jan 2014 09:33
The Supreme Court of Appeal, in rejecting the decision of the Labour Appeal Court, found that the employee in this case had been unfairly discriminated against by being denied an opportunity for promotion where no other suitable candidate, aside from herself, was present for the position.
By Jacques van Wyk 13 Jan 2014 10:27
Most wills include a clause which states something along the following lines:
By Tiny Carroll 19 Dec 2013 10:22
Divorce is often a bitter and costly exercise, and the last thing one wants is to go through the legal process only to be left with an unenforceable divorce order in so far as it relates to a share in pension interest.
By Lize de la Harpe 19 Dec 2013 09:17
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
Once an employee has proved that he or she was dismissed unfairly during arbitration proceedings then the arbitrator may make an order for reinstatement or compensation. However, if the employer takes the order on review to the Labour Court then the question arises whether prescription continues to run against the order while the review process is underway.
By Jacques van Wyk 12 Dec 2013 13:54
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
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
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
A servitude is a right which one person has over the property of another. Servitudes are either personal or praedial and one of the most common forms of personal servitudes are usufructs which allow the usufructuary the right to enjoy the "fruits" (the produce or income) from property owned by another.
By Dylan Bradford 11 Dec 2013 13:05
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
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