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Labour Court clarifies issue of annual leave

The question recently arose where employees had accumulated excessive annual leave, whether the employer could force its employees to forfeit the excessive leave not taken.

By Nicholas Preston 17 Apr 2014 07:16

A cautionary taal - translation lessons from SA's interpreting failures

Consider again the extraordinary achievements of Thamsanqa Dyantyi, the world's worst sign-language interpreter.

By Françoise Henderson 11 Apr 2014 06:57

Impact of Pension Funds Act on annuities and divorce

The question often arises why a spouse can't claim from an annuity in the case of a divorce. The answer lies in the applicable legislation, specifically the Pension Fund Act and the Divorce Act. The aim of Section 37A of the Pension Funds Act is to protect a member's pension benefits from his/her creditors, and it expressly limits a fund's ability to deduct amounts from a member's pension benefit.

By Lize de la Harpe 10 Apr 2014 12:59

Implications of amendments to Credit Act

The National Credit Act 34 of 2005 has been slightly lacking in regard to its ability to protect consumers. The purpose of the Act is to protect consumers and promote a fair yet competitive credit industry.

By Megan Gedye 7 Apr 2014 08:28

Dismissals must be based on fair reasons

Despite the allowance that dismissals for poor performance during or on the expiry of the probationary period may be based on less compelling reasons than would be required after the probationary period, the principle that dismissals must be based on fair reasons still stands.

By Jacques van Wyk 4 Apr 2014 06:57

Tribunal approves Microsoft acquisition of Nokia devices, services

In September 2013, Microsoft announced its intention to acquire substantially all of Nokia's devices and services business in what is viewed as an attempt by Microsoft to increase its offering in the mobile phone market.

By Leana Engelbrecht 31 Mar 2014 07:43

ICASA announces inquiry into the state of competition in ICT sector

On 13 March 2014, the Independent Communications Authority of South Africa (ICASA) announced that it will be instituting a high-level inquiry into competition in the information and communication technology (ICT) sector.

By Leana Engelbrecht 28 Mar 2014 11:17

Praise to the media, but much else can be done

At times such as these, I want to sing the praise of those elements of our news media that show courage and doggedness.

By Anton Harber 28 Mar 2014 05:43

Changes to the NCA not as drastic as some think

The removal of adverse consumer credit information and information on paid up court judgments, published in new regulations of the National Credit Act 2005 on 25 February 2014 has caused some alarm in the property sector.

By Mike van Alphen 26 Mar 2014 15:30

Deduction of audit fees considered by SCA

The general deduction formula in section 11(a) of the Income Tax Act 58 of 1962 permits a taxpayer to deduct from his income, expenditure and losses actually incurred in the production of income, provided they are not of a capital nature.

By Graeme Palmer 26 Mar 2014 07:33

Is this one way Oscar Pistorius will get off?

There are a number of high-profile trials, notably the OJ Simpson one, which captured the imagination of the world - only for the accused to evade punishment.

By Sid Peimer 19 Mar 2014 12:44

Pistorius trial represents a turning point for the dailies

My university and I were lambasted by a colleague for stooping so low as to engage in the Oscar Pistorius trial media frenzy...

By Anton Harber 14 Mar 2014 06:18

Power of attorney in South Africa - the shortfalls

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

Open justice changes witnesses' lives forever

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

Customary Marriages Act - a will to protect your relationship

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

Pistorius' live trial sets excellent precedent

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

China's new trademark laws a boon for SA companies

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

Dangerous coffee

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

Namibian Competition Commission prohibits merger in road surfacing market

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

Assisting foreign governments with tax collection

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

Warrant of arrest for Media Nova's Vaughan

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

The SABC: Rotting from the top

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

Alternatives to retrenchment

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

Media is the elephant in the Pistorius courtroom

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

Slouching towards Auckland Park

"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

Enforceability of the Dangerous Weapons Act

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

Fixed amount penalties for non-compliance under Tax Admin Law Act

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

Voetstoots and unapproved building plans

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

[2014 trends] 12 broad (but cherry-picked) trends

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

Gauteng colour codes ads? With our money?

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