10 Sep 2013

Legal

So who gets to keep the house?

What with high divorce rates and the high cost of living, couples often find themselves living together for a while before jumping into marriage, if at all. But what happens if the honeymoon ends... who gets to keep the house? And for that matter, the car, furniture, family pet..?

Juliette Attwell, writing in our BizCareers advisor column, tells you how to price yourself right and dress for success. Let's face it, turning up for an interview in slops probably won't cut it.

OK, Christmas is coming and it's only a matter of time before Boney M's Drummer Boy will have you... well... whatever you do having heard it umpteen times before - but at least you know where your Christmas gifts are coming from. So spare a thought for all those kids who don't, and do your bit for the Santa Shoebox Project. It's open for pledges and your shoeboxes of gifts will bring happy smiles to a lot of kids. Just do it, darn it!

And it's TIFF news for our film industry... not only is Triggerfish Animation Studios' animated movie Khumba off to the Toronto Film Festival (TIFF), but so is Anant Singh's Mandela: Long Walk to Freedom. It will debut at TIFF, so to both our entrants, good luck, and may it be a case of "TIFF luck" and not "tough luck" on the night.

Rod Baker, Content Director

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Weekly top stories

Living with your partner? Know your rights
With high divorce rates worldwide and the increasing cost of living, couples often find themselves living together for a while before jumping into marriage, if at all. This means sharing expenses and buying furniture together, but when these relationships no longer work out, who gets to keep the house? Read more >>

Legal
When does disaster recovery matter?
The recent disaster at the Kenyan International Airport is yet another example of why businesses are being urged to take a closer look at their disaster recovery plans. Read more >>




Commercial Law
How to receive compensation from unsafe product use
[Rachel Smith] Manufacturers are supposed to be responsible and law abiding when creating new products but many times products fail and must be recalled. Read more >>

Trade mark rights and company names
[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. Read more >>

Zimbabwe: retailers still going in gingerly
When Massmart left Zimbabwe in 2011 the retailer's chief executive, Grant Pattison, left no doubt about the reason. "Indigenisation law effectively says foreigners are not welcome in Zimbabwe," he told investors at a presentation. Read more >>

Fin24 refutes Moneyweb plagiarism, copyright infringement allegations
Fin24 and 24.com have responded to Moneyweb's allegations by strongly denying the charges and said they look forward to the case establishing a precedent. Read more >>

SARS storms out of transfer pricing summit
[Evan Pickworth] Representatives of the South African Revenue Service (SARS) stormed out of the annual Africa Transfer Pricing Summit on Thursday after a senior revenue official interrupted a tax professor during her presentation and suggested that the content of the presentation was misrepresenting SARS. Read more >>

About that alcohol advertising ban...
[Gaelyn Scott] Will it work? What impact will it have on sports sponsorships? In this article, however, the question is asked: Will such a ban be constitutional? Read more >>

Common and recurring practical questions under the Companies Act, 2008
[Yaniv Kleitman] Since the Companies Act, No 71 of 2008 (Companies Act) came into force on 1 May 2011, legal practitioners have grappled with a number of issues brought about by this new legislation. We are now more than two years into the new company law regime. Several common issues and questions that have arisen in practice are discussed here, as well as some suggested answers or solutions to these. Read more >>

Court mulls ruling on Sishen Iron Ore
[Ernest Mabuza] A high court ruling that effectively increased Sishen Iron Ore Company's rights in the Sishen Mine in the Northern Cape from 78.6% to 100% prevented the state from allowing new entrants into the mining fold, the Constitutional Court heard on Tuesday (3 September). Read more >>

Tribunal hears final arguments in SAB's distribution case
[Amanda Visser] The Competition Tribunal has heard the closing arguments in the case against South African Breweries (SAB) and its appointed distributors that started nine years ago. Read more >>

Rihanna and passing-off
[Gaelyn Scott] It's been well reported that Rihanna succeeded in her court case against the retail chain Topshop. Read more >>

Second-hand logic
[Chris Barry] I would like to extend my sincere thanks to whoever was involved in getting sanity to prevail with regard to the proposed ban on the sale of second-hand parts from deregistered vehicles in South Africa. Read more >>


Criminal Law
Wiping out white collar crime
[Craig Assheton-Smith] On Thursday, 22 August 2013, convicted criminal Ernst Coetzee was arrested on charges of fraud. Coetzee was one of the de facto directors of 1Mobile, which is currently undergoing an insolvency enquiry. Read more >>


Cyber Law
Zeus the almighty
[Drew van Vuuren] As a society we have become captivated by the world of social connection, through the vast number of endless apps and platforms available on the web. Whether it's sharing our latest travel pictures, connecting with a former colleague or even posting a comment to an interesting article shared, we have become reliant on social media as one way, if not the primary way, we choose to communicate for work and play. Read more >>


Labour Law
Retrospective reinstatement: quantifying backpay
[Nomonde Njilo] Where an employee has been unfairly dismissed, the court may order that the employer reinstate the employee retrospectively with backpay. The rationale behind such an order is to place the employee in the position he or she would have been in, save for the dismissal. Read more >>

Can an employer rely on a lapsed written warning during disciplinary proceedings?
[Jacques van Wyk] Appropriate circumstances will include instances where the employee concerned is found to have a propensity to commit acts of misconduct at convenient intervals falling outside the period of applicability of the written warnings. Read more >>

Govt recovers R330m via anti-corruption hotline
Government has recovered R330m after investigations into allegations of corruption received by the National Anti-Corruption Hotline, which is run by the Public Service Commission. Read more >>

Dressing to discriminate - corporate dress codes and discrimination
[Mohsina Chenia and Nicholas Preston] Discrimination is regulated in s6 of the Employment Equity Act, No 55 of 1998 (EEA) and prohibits both direct and indirect forms of discrimination in the employment arena. Read more >>


Law Practice
African Legal Awards to recognise region's talent
Africa's leading law firms and in-house counsel will celebrate their success at the inaugural African Legal Awards 2013, taking place in Johannesburg on Thursday, 24 October 2013. Read more >>


International

World's Press condemns closure of Liberian news site, wants jailed editor released
PARIS, FRANCE / DARMSTADT, GERMANY: WAN-IFRA and the World Editors Forum have called for the release of Editor Rodney Sieh from prison in Liberia. Read more >>


More International


Upcoming events

Negotiation Skills
UCT Professional Development Project - 11 Sep 2013 to 12 Sep 2013 Cape Town
Media Law
Institute for the Advancement of Journalism - 11 Sep 2013 Johannesburg
The Companies Act and Business Rescue Seminar
Front Foot Strategic Consulting - 17 Sep 2013 Johannesburg


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