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

[Kirsten Caddy] 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.

Posted 4 days ago | Like
Taxpayer must prove that a transaction is exempt

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

Posted 7 days ago | Like
Section 75 introduced significant changes to Companies Act

[Nozipho Bhengu] 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).

Posted 10 days ago | Like
Infrastructure Development Act comes into effect

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

Posted 12 days ago | Like
City of Johannesburg's Supplementary Roll 11 is unauthorised

[Chantelle Gladwin] 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.

Posted 14 days ago | Like
Section 44 of LUPO declared unconstitutional

[Jyoti Narshi] 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).

Posted 17 days ago | Like
If you like it, then you should've put a ® on it

[Tiffany Conley] 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...

Posted 18 days ago | Like
Employers do not enjoy special protection against claims of defamation

[Johan Botes] 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.

Posted 20 days ago | Like
Impact of fiscal amendments on taxation of risk policies

[Emil Brincker] 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.

Posted 1 month ago | Like
Application of the CPA to municipalities

[Justine Krige] 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.

Posted 1 month ago | Like
National Consumer Commission's bark is louder than its bite

[Megan Badenhorst] Looking back to March 2011, the media were positively giddy with excitement about the Consumer Protection Act, No. 68 of 2008 (CPA) and the whip cracking that was to be done by the National Consumer Commission on behalf of consumers who felt hard done by after poor treatment from goods suppliers or service providers.

Posted 1 month ago | Like
President assents Employment Services Act

[Inez Moosa] The Employment Services Act, No. 4 of 2004, was assented to by the President on 3 April 2014. The Act repeals the Employment Services Provisions contained in the Skills Development Act, No. 97 of 1998.

Posted 1 month ago | Like
Draft Western Cape Liquor Act addresses practical challenges

[Linde Steyn] The Draft Western Cape Liquor Amendment Bill was recently published for public comment. The Bill seeks to address a number of practical challenges currently being experienced by the Western Cape Liquor Authority in implementing the principal Western Cape Liquor Act (2008).

Posted 1 month ago | Like
Provisions in Tax Act when personal liability arises

[Graeme Palmer] One of the fundamental consequences of incorporating a company is that it is a legal entity separate from its directors and shareholders, and therefore the persons who manage and own the company will generally not be liable for the debts of the company.

Posted 2 months ago | Like
Judgement by Constitutional Court expands meaning of Companies Act

[Thina Siwendu] In April 2014, the Constitutional Court ordered the South Africa Social Security Agency (Sassa) to initiate a new tender process for the payment of welfare grants.

Posted 2 months ago | Like
High Court gives judgment on tax clearance certificates

[Heinrich Louw] Tax clearance certificates play an important role in our economy and are, almost without exception, a requirement when a person submits a tender or bid for doing business with government.

Posted 2 months ago | Like
New meat labelling requirements to come into force today

[Leana Engelbrecht] Over a year has passed since the infamous meat labelling scandal that revealed gross misrepresentations in respect of the content of meat products and the incorrect labelling of meat products not only in South Africa, but globally.

Posted 3 months ago | Like
Pistorius trial tells us a lot about our society

[Anton Harber] We have seen one style of cross-examination at the Oscar Pistorius trial: the pit-bull approach. It is tough and brutal...

Posted 3 months ago | Like (2)
Labour Court clarifies issue of annual leave

[Nicholas Preston] 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.

Posted 3 months ago | Like
Implications of amendments to Credit Act

[Megan Gedye] 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.

Posted 3 months ago | Like