Section 14 of the Prescription Act, No 56 of 1972 – A life line

It's no joke, prescription is probably one of the most dreaded expressions in the legal profession, even more so when an attorney has to inform his client that his claim has prescribed. It's probably the closest we can get to understanding how a medical doctor must feel when walking out into the hospital's waiting room and having to tell hopeful family members that there was nothing more he could do for his patient.

What is unfair discrimination on an ‘arbitrary ground’?

The Employment Equity Amendment Act, No 47 of 2013 (EEAA) has introduced an amendment to s6 of the Employment Equity Act, No 55 of 1998 (EEA) – the listed grounds of discrimination. The EEAA prohibits unfair discrimination of an employee on any one or more of the listed grounds (for example race, gender, sex, disability, pregnancy, religion and HIV status) or on any other arbitrary ground.

Security for costs: A new dispensation?

The new Companies Act, No 71 of 2008 (new Companies Act) has removed the courts' legislative discretion to require an impecunious plaintiff company to furnish security for costs. So what does this mean for defendants?

Amendments to the Employment Equity Act

Section 27 - Income differentials, of the Employment Equity Act, No 55 of 1998 (EEA) refers.

Amendments to the Employment Equity Act require increased reporting

A host of amendments to the Employment Equity Act, No 55 of 1998 (EEA) came into operation on 1 August 2014.

The last leg: Constitutional Court finds that SAPS decision to not promote Barnard was not unlawful

South African Police Service v Solidarity obo Barnard CCT 01/14. On 2 September 2014, the Constitutional Court (CC) handed down judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal.

Tax Alert

The issue has often arisen as to whether the payment of a dividend that results in the creation of negative reserves can still be said to be a dividend or whether it is effectively funded from the share capital of a company.

Competition Alert

In the first of a series of expected decisions from the Constitutional Court (Court) relating to various competition law procedural matters, the Court has ruled that the Competition Tribunal’s (Tribunal) decision...

Employment Alert

South Africa's Department of Home Affairs (DHA) has implemented a new programme whereby all visa-exempt nationals must request advance travel authorisation for business purposes prior to entry.

Tax Alert

The issue pertaining to whether a trust is liable for dividends tax should a company pay a dividend to the trust as the registered owner of the shares has recently been clarified by SARS.

Companies Act - Social and Ethics Alert 19 April 2012

The enactment of s72(4) and s(5) of the Companies Act, No 71 of 2008 (Act), read with Regulation 43, marks the most significant shift in the history of corporate accountability and reporting in South Africa.

Trust and Estates Alert

In this alert, we pick up a theme raised in a previous alert stressing the importance of pre-planning before drafting a Will, which leads us to the question: what falls into the estate?

Recouping costs incurred by the leasing agent

Leasing agents who have previously been recouping their fees directly from tenants, may be surprised by the recent amendment to the Rental Housing Act 50 of 1999.

An agent's right to commission

An agent will have a claim for commission on a sale agreement if he introduced the parties to one another, thereby being the effective cause of the sale.

South Africa's jurisdictional net grows wider

Parties are increasingly being prevented from escaping legal accountability for their wrongful actions.

Beware the bogeyman

The macro-economic rationale that lies at the heart of black economic empowerment (BEE) is to address the...

Whistle blowing in SA is making South African multinational nervous

Chris Charter on new Competition Commission action against price collusion

Massmart has launched a complaint with the Competition Commission targeting Pick n Pay, Spar and Shoprite in a bid to end lease exclusivity clauses. Chris Charter, Head of our Competition practice comments.

Liquidation of various assets that are owned by former ANCYL leader, Julius Malema

There is a lot of interest in the liquidation of various assets that are owned by former ANCYL leader Julias Malema. Guests in studio are Marc Ashton, Editor of Finweek, Vincent Tadden Lending Product House at FNB Wealth and Julian Jones, National Head of the Business Rescue, Restructuring and Insolvency Sector.

How skilled workers can get a work visa

Michael Yeates, head of the Immigration sector talks about how skilled foreigners can get a work visa.

Arbitration - the hearing and determining of disputes

Jonathan Ripley-Evans talks about arbitration, which is the settling of differences between parties by an arbitrator.

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.