Dispute Resolution Matters

A party asking a court for relief can't ask for mutually exclusive remedies. This seems to be self evident but is important where a party to a contract has been induced to do the deal by a fraudulent misrepresentation of the other party. Again at the risk of stating the obvious, there could not have been any actual agreement between the parties if one party was mistaken as to the facts as a result of a misrepresentation. Consequently, there was no contract from the beginning.

Employment Alert

In the decision of Western Cape Education Department and General Public Service Sectoral Bargaining Council (C 360/2012) [2013] ZALCCT 5 (18 March 2013) the Labour Court was asked to consider whether an order for reinstatement was incompatible with a finding of constructive dismissal.

Another settlement in the glass cartel – things fall apart and the centre cannot hold

This week the Competition Tribunal confirmed a settlement agreement between the Competition Commission and Northern Hardware and Glass.

Tax Alert

High Net Worth Individuals (HNWI's) and trusts have been on the South African Revenue Service's (SARS's) radar for some time.

Judgment reserved on the future of the extension of bargaining council agreements

On Tuesday 13 August, the North Gauteng High Court reserved judgment on whether s32 of the Labour Relations Act, No 66 of 1995 was unconstitutional.

Employment Alert

The North Gauteng High Court will today hear argument on whether s32 of the Labour Relations Act, No 66 of 1995 is unconstitutional. This section empowers the Minister of Labour to extend agreements concluded in a Bargaining Council to non-parties.

Intellectual Property Matters

Comparative advertising can be described as the advertisement of goods or services by comparing them...

Cliffe Dekker has published an update to their commentary on the ECT Act of 2002

Cliffe Dekker has published an Update to their Commentary on the Electronic Communications and Transactions Act, 2002.

Summary of the Provision of the Co-operative Banks Act

Cliffe Dekker Hofmeyr's Finance, Projects and Banking practice, having identified the potential impact that the Act will have on the...

National Credit Act 34 of 2005 - An Overview

The National Credit Act became fully operative on 1 June 2007.

The Way to BEE

Cliffe Dekker Hofmeyr has compiled this guide to broad-based black economic empowerment (BEE)...

The ins and outs of structuring deals in South Africa

David Pinnock and Yaniv Kleitman of Cliffe Dekker Hofmeyr discuss the progress of the private equity industry in South Africa...

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...

Reactions to budget has been mostly mixed. To talk more on this is Emil Brincker, Director

Reactions to today`s budget has been mostly mixed. To talk more on this is Emil Brincker, Director and National Tax Practice Head.

Allan Reid elaborates about the 10th anniversary of the Mining Charter

Allan Reid, Sector Head of Mining and Minerals elaborates about the 10th anniversary of the mining charter.

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.

Employment tax incentives

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