[Yaniv Kleitman] Bank guarantees feature regularly, and are very often perceived as 'standard' or 'template' documents in respect of which little if any negotiation is encountered insofar as legal drafting is concerned.
[Anli Dowling] As the pace of development into the rest of Africa gains momentum, more and more South African companies are considering expanding their businesses into the rest of the continent. There are several legal issues to consider - and some pitfalls to beware of.
[Deshni Naidoo] The Promotion of Administrative Justice Act, No 3 of 2000 (PAJA) makes it clear that administrative action entails a decision, or a failure to make a decision, by an administrator which has a direct, external legal effect on a party.
[Eric Levenstein] A new Companies Act became operative in our law on 1 May 2011. This Act introduced some novel provisions into our law - among them business rescue.
[Jody Doyle] Good communication is the basis of any good relationship - we all know that. But honesty can be awkward, and so most people avoid difficult conversations, often in the name of politeness.
[Dr Madelein Kleyn] The Draft National Policy on Intellectual Property (DNPIP) of South Africa was published on 4 September 2013 for public comments.
[Janine Hollesen] Social media platforms were aflutter recently following allegations by a Cape Town artist that Woolworths reproduced her design of a hummingbird without her consent.
[Jacques van Wyk] Employees are often employed in terms of fixed-term contracts for the purpose of completing a specific project. If the project consists of multiple phases and employees are required to complete a specific phase rather than the entire project then this should be made clear in their contracts of employment.
[Jacques van Wyk] An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in the absence of satisfactory evidence, proceed by way of a disciplinary hearing for misconduct.
[Alastair Morphet] Mr Shuttleworth famously sold his shares in Thawte, which earned him a substantial amount of money. He subsequently decided to emigrate from the Republic and to transfer all of his remaining assets out of the country.
[Professor Willie van der Westhuizen] The alarming answer is most probably not, because legal audits have shown that more than ninety percent (90%) of trust deeds (and/or amendments to trust deeds) in South Africa may not stand the test of validity if tested in a court of law.
[Nicholas Preston] As a general rule, litigants are entitled to legal representation at the Commission for Conciliation, Mediation and Arbitration (CCMA) arbitrations unless the issue relates to an alleged unfair dismissal and that the reason for the dismissal relates to the employees alleged misconduct or incapacity.
[Lucinde Rhoodie] It has now been two years since the Consumer Protection Act, No. 68 of 2008, ("the CPA") has come into force and still the impact thereof has not fully been appreciated by franchisors.
[Bongani Mgaga] The Labour Relations Act allows legal representation at CCMA. However, the CCMA rules limit such representation in cases of dismissal for misconduct or incapacity.
[Adrian Dommisse] Every now and then an opportunity comes along that looks very hard to resist. If you're a seasoned entrepreneur, this might come in the form of a company that, although in such distress that the shareholders want out, still has genuinely valuable assets or a viable business model.
[Jacques van Wyk] In such circumstances the employer will bear the onus to prove the employee was dismissed for a fair reason, unrelated to her pregnancy. The employee in turn will bear the onus of proving the dismissal arose as a result of pregnancy.
[Samantha Brener] The Competition Tribunal recently published its reasons for a decision to conditionally approve a merger in which the Industrial Development Corporation (IDC) and a consortium of foreign investors acquired shares in Rio Tinto South Africa Limited (Rio Tinto SA) (Rio Tinto Decision).
[Vicky Stilwell] Domain name issues continue to make the news. We recently wrote an article about the new Generic Top Level Domain Names (gTLDs) that people have been speaking about for some time, and that are likely to start making an appearance later this year.
[Christophe van Zyl] For many entrepreneurs, the starting point in setting up a new business is to choose a name for the new business and to register a company with that name. The first step of the registration process of a company is to select, in order of preference, a list of names for consideration and approval by the Commissioner of Companies who oversees the registration of companies in South Africa.
[Lize de la Harpe] The Protection of Personal Information Bill ("POPI") was passed by parliament on 20 August 2013. The bill will now be sent to the president to sign into law and will come into operation upon being published in the Government Gazette, or upon a later date if specified by the president.
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