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Mark Brickles
New bill to fast-track property registration welcomed

The news that an electronic deeds registration bill will be introduced to decrease turnaround time and the registration of property is fantastic news.

By Mark Brickles 22 Aug 2014 13:45

Arbitration awards - fallible or infallible
Arbitration awards - fallible or infallible

Several commercial contracts provide for disputes to be resolved by way of arbitration. The arbitration procedure is robust and designed to bring about finality much quicker than ordinary civil trials.

By Freddie Terblanche 22 Aug 2014 09:52

Arbitration requires transparency and openness
Arbitration requires transparency and openness

Our Constitution guarantees workers' right to strike - a right further entrenched in the Labour Relations Act (LRA), which also permits employers the right to lock workers out of the workplace pending resolution of such disputes.

By Aadil Patel 14 Aug 2014 11:46

South African consumer rights under threat
South African consumer rights under threat

The prohibition of alcohol advertising and raising the age limit for alcohol sales to 21 is an infringement of consumers' rights to choose their own lifestyle...

By Danette Breitenbach 13 Aug 2014 08:03

Anton Harber
Does a liar as a source ever deserve protection?

It is easy to review ethical decisions in journalism with hindsight, when one has the luxury of time to wonder whether a choice made under pressure was the correct one...

By Anton Harber 8 Aug 2014 05:48

The rules of engaging with a new trade union
The rules of engaging with a new trade union

The right to strike is entrenched in the Constitution. The recent strikes in the platinum industry raise the question of how an employer engages with a new trade union.

By Verushka Reddy 7 Aug 2014 10:18

Harding Allison admits to collusive tendering
Harding Allison admits to collusive tendering

As part of the Competition Commission's fast-track settlement procedure in the construction industry, the Commission invited construction firms that were involved in collusive conduct to apply to engage with the Commission on settlement terms.

By Kayley Keylock 4 Aug 2014 11:02

Extending a job offer? Handle with care
Extending a job offer? Handle with care

Hiring new staff can be a very exciting time for a business: it represents growth, positive change and the chance to bring fresh new talent into the organisation. However, the hiring process can be daunting, because although most employers are well educated about the Basic Conditions of Employment Act, there are a number of less obvious risks associated with recruitment.

By Niteske Marshall 31 Jul 2014 12:34

Martin Goodman
Landlords need to protect themselves against the Credit Amnesty Act

The Credit Amnesty Act has raised a fair amount of concern in the rental industry especially among landlords and estate agents renting out property to tenants.

By Martin Goodman 30 Jul 2014 11:00

Parties to a statutory merger must consider tax consequences
Parties to a statutory merger must consider tax consequences

The purpose of this article is to discuss aspects of the relationship between the provisions of the Companies Act, No 71 of 2008 and the Income Tax Act, No 58 of 1962 (ITA) in relation to statutory mergers.

By Justine Krige 29 Jul 2014 07:28

When can a trade union be held in contempt of court?
When can a trade union be held in contempt of court?

In a judgment handed down by the Labour Appeal Court (LAC) on 12 June 2014 (Food and Allied Workers Union v In2food (Pty) Ltd, case number J861/2013), the LAC had occasion to consider the circumstances under which a trade union can be held in contempt of a court order prohibiting an unprotected strike.

By Kirsten Caddy 24 Jul 2014 06:47

Terminability of contracts of unspecified duration
Terminability of contracts of unspecified duration

Thomas Carlyle once proclaimed, "Speech is silvern, silence is golden". It means that speech is like silver, in that speech only lasts a while, but silence is golden and lasts an eternity.

By Kaelin Govinden 22 Jul 2014 07:21

Consider psychological solutions for traffic offences
Consider psychological solutions for traffic offences

South Africa is currently implementing a traffic regulation scheme called Administrative Adjudication of Road Traffic Offences (AARTO).

By Kaelin Govinden 22 Jul 2014 07:10

Does your social media team know the CPA?
Does your social media team know the CPA?

Companies who have client-facing staff either online or offline should ensure that every staff member has a basic working knowledge of the Consumer Protection Act...

By Gareth Cremen 21 Jul 2014 10:38

Taxpayer must prove that a transaction is exempt
Taxpayer must prove that a transaction is exempt

A taxpayer bears the burden of proving that an amount or transaction is exempt or otherwise untaxable.

By Graeme Palmer 21 Jul 2014 07:27

Section 75 introduced significant changes to Companies Act
Section 75 introduced significant changes to Companies Act

In the interest of ensuring that the integrity of board decisions are not compromised by directors' personal financial interests, section 75 of the Companies Act 71 of 2008, has introduced some significant changes to the provisions of its predecessor, the Companies Act 61 of 1973 (the old Companies Act).

By Nozipho Bhengu 18 Jul 2014 09:57

Infrastructure Development Act comes into effect
Infrastructure Development Act comes into effect

On 10 July 2014, President Jacob Zuma made the proclamation which officially brought into force the Infrastructure Development Act, No 23 of 2014.

By Samantha Brener 16 Jul 2014 07:53

City of Johannesburg's Supplementary Roll 11 is unauthorised
City of Johannesburg's Supplementary Roll 11 is unauthorised

COJ recently purported to open Supplementary Roll 11 to the 2008 General Valuation Roll, for public comment. This roll purports to relate to properties that need to be re-valued for the purposes of the 2008 General Valuation Roll, in respect of the period 1 August 2012 to 30 June 2013.

By Chantelle Gladwin 14 Jul 2014 06:37

It's my product and I will say it's healthy if I want to... or not?
It's my product and I will say it's healthy if I want to... or not?

The Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 (FCDA) regulates, amongst other things, the labelling of foodstuffs in South Africa. Until 2012, the issue of food labelling was not, particularly, of any major consequence.

By Natasha Wright 11 Jul 2014 14:25

New Act not clear about position of secure creditors in business rescue
New Act not clear about position of secure creditors in business rescue

In liquidation the position of secured creditors is clear; their security is protected in liquidation, their secured asset is realised for their benefit - only the surplus after their claim is paid falls into the remainder of the estate for the benefit of other creditors, and they have voting power by value only to the extent that their claim is not covered by their security.

By Richard Marcus 11 Jul 2014 14:17

Section 44 of LUPO declared unconstitutional
Section 44 of LUPO declared unconstitutional

Parties aggrieved by municipal land use decisions are no longer able to appeal such decisions at provincial level through the mechanism of section 44 of the Land Use Planning Ordinance 15 of 1985 (LUPO).

By Jyoti Narshi 11 Jul 2014 14:08

City of Johannesburg's Supplementary Roll 11 published
City of Johannesburg's Supplementary Roll 11 published

Supplementary Roll 11 to the City of Johannesburg's (COJs) 2008 General Valuation Roll has been released for public inspection and will be open from 25 June 2014 to 8 August 2014.

By Chantelle Gladwin 11 Jul 2014 13:20

If you like it, then you should've put a ® on it
If you like it, then you should've put a ® on it

The value of intellectual property has never been more important than the present, with local and international fashion houses and manufacturers in the clothing, footwear...

By Tiffany Conley 10 Jul 2014 07:07

Employers do not enjoy special protection against claims of defamation
Employers do not enjoy special protection against claims of defamation

Can an employer be held liable for defamatory statements made about an employee? The High Court recently confirmed that it can but that an employer may rely on the standard defences to such a claim to escape liability.

By Johan Botes 8 Jul 2014 07:23

Patent evergreening in the pharmaceutical industry
Patent evergreening in the pharmaceutical industry

Pharmaceutical companies typically invest substantial amounts of money into research and development. Their research, however, is not only aimed at discovering new active pharmaceutical ingredients (APIs).

By Ilne Grobler 4 Jul 2014 12:55

Strike law flawed with lack of statutory mechanisms
Strike law flawed with lack of statutory mechanisms

The constitution entrenches the right to strike and the Labour Relations Act of 1995 (LRA) provides that workers may strike subject to the compliance with certain procedures which involve a compulsory mediation to be completed within 30 days of referral of the dispute. Failing settlement the strike can commence on the giving of 48 hours written notice.

By Richard Pemberton 4 Jul 2014 10:39

Temporary VAT relief for property developers
Temporary VAT relief for property developers

A property developer usually holds residential properties as trading stock and therefore accounts for VAT at a rate of 14% on the sale of the developed units.

By Graeme Palmer 3 Jul 2014 10:49

Liuba Stansfield
Repudiation: A "thing writ in water"?

Our law recognises that, where a party to a contract has repudiated that contract, the innocent party may elect to cancel or keep the contract alive.

By Liuba Stansfield 30 Jun 2014 11:00

Impact of fiscal amendments on taxation of risk policies
Impact of fiscal amendments on taxation of risk policies

The National Treasury released the first batch of fiscal amendments on 10 June 2014. One of the most significant amendments relates to the way in which risk policies will be taxed in the hands of long-term insurance companies.

By Emil Brincker 26 Jun 2014 11:58

Application of the CPA to municipalities
Application of the CPA to municipalities

Included among the objects of the Consumer Protection Act, No. 68 of 2008 (CPA) are the imperatives to strengthen a culture of consumer rights as well as consumer-focused service delivery.

By Justine Krige 25 Jun 2014 10:46

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