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The contours of Ubuntu: A principal’s right to terminate a contract of mandate
15 November 2019 Corporate & Commercial

The contours of Ubuntu: A principal’s right to terminate a contract of mandate

It is firmly established in our law that both the terms and enforcement of a contract must not offend public policy, a matrix of rules articulating society’s values and sense of propriety. These values are neatly encapsulated in the concept of Ubuntu which, as our courts have held on a number of occasions, suffuse all areas of our law (including the law of contract). Should the terms of the contract per se or their enforcement in a particular context violate public policy, our courts will decline to uphold them.

A silver lining? Relaxation of the exchange control rules regarding loop structures announced in the MTBPS
14 November 2019 Tax & Exchange Control

A silver lining? Relaxation of the exchange control rules regarding loop structures announced in the MTBPS

On 30 October 2019, the Minister of Finance (Minister) tabled the 2019 Medium-Term Budget Policy Statement (MTBPS). In his speech on the MTBPS, the Minister was frank in describing the challenges faced by the South African economy and emphasised that our economy must grow faster. Following the tabling of the MTBPS, ratings agency Moody’s indicated that South Africa’s credit rating would remain at the lowest investment grade level, but changed its outlook from stable to negative.

When does freedom of expression go one step too far?
13 November 2019 Dispute Resolution

When does freedom of expression go one step too far?

Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general. The test of whether hate speech constitutes freedom of expression will therefore differ from country to country. Although an offensive or controversial view does not necessarily constitute hate speech, in our rainbow nation, South Africans must be cautious not to step over the line and the only way to do this is to be aware of the cultural difference in the country and show respect to fellow South Africans.

Invoking hardship in difficult economic times to renegotiate commercial obligations
13 November 2019 Dispute Resolution

Invoking hardship in difficult economic times to renegotiate commercial obligations

With suppressed economic activity in South Africa, suppliers, distributors and service providers are all feeling the economic pinch and seeking various means to obtain some financial reprieve to remain sustainable for the next economic upswing. While the obvious option may be business rescue proceedings, such a solution comes with its own pitfalls. Parties in long-term commercial relationships often look to rather explore options to re-negotiation the commercial terms that underpin their relationship.

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The contours of Ubuntu: A principal’s right to terminate a contract of mandate
15 November 2019 Corporate & Commercial

The contours of Ubuntu: A principal’s right to terminate a contract of mandate

It is firmly established in our law that both the terms and enforcement of a contract must not offend public policy, a matrix of rules articulating society’s values and sense of propriety. These values are neatly encapsulated in the concept of Ubuntu which, as our courts have held on a number of occasions, suffuse all areas of our law (including the law of contract). Should the terms of the contract per se or their enforcement in a particular context violate public policy, our courts will decline to uphold them.

A silver lining? Relaxation of the exchange control rules regarding loop structures announced in the MTBPS
14 November 2019 Tax & Exchange Control

A silver lining? Relaxation of the exchange control rules regarding loop structures announced in the MTBPS

On 30 October 2019, the Minister of Finance (Minister) tabled the 2019 Medium-Term Budget Policy Statement (MTBPS). In his speech on the MTBPS, the Minister was frank in describing the challenges faced by the South African economy and emphasised that our economy must grow faster. Following the tabling of the MTBPS, ratings agency Moody’s indicated that South Africa’s credit rating would remain at the lowest investment grade level, but changed its outlook from stable to negative.

When does freedom of expression go one step too far?
13 November 2019 Dispute Resolution

When does freedom of expression go one step too far?

Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general. The test of whether hate speech constitutes freedom of expression will therefore differ from country to country. Although an offensive or controversial view does not necessarily constitute hate speech, in our rainbow nation, South Africans must be cautious not to step over the line and the only way to do this is to be aware of the cultural difference in the country and show respect to fellow South Africans.

Invoking hardship in difficult economic times to renegotiate commercial obligations
13 November 2019 Dispute Resolution

Invoking hardship in difficult economic times to renegotiate commercial obligations

With suppressed economic activity in South Africa, suppliers, distributors and service providers are all feeling the economic pinch and seeking various means to obtain some financial reprieve to remain sustainable for the next economic upswing. While the obvious option may be business rescue proceedings, such a solution comes with its own pitfalls. Parties in long-term commercial relationships often look to rather explore options to re-negotiation the commercial terms that underpin their relationship.

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5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Things to know about lying on your CV
18 September 2019 Employment

Things to know about lying on your CV

Bheki Nhlapo, Associate in the Employment practice joins the Business Unusual Show on Newzroom Afrika. He discusses the National Qualifications Framework Amendment Act, CV misrepresentation and its implications.

The landscape for women in law
29 August 2019 Pro Bono & Human Rights

The landscape for women in law

National Practice Head and Director in the Pro Bono & Human Rights practice, Jacquie Cassette, recently joined SABC's Morning Live to discuss the landscape for women in law.

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The legalisation of cannabis
8 November 2019 Dispute Resolution

The legalisation of cannabis

Andrew MacPherson, an Associate in the Dispute Resolution practice, joined SAFM's The Talking Point to discuss the legalisation of cannabis.

The growing pandemic of cybercrime
7 October 2019 Corporate Investigations

The growing pandemic of cybercrime

Zaakir Mohamed, a Director in the Corporate Investigations sector of CDH's Dispute Resolution practice, recently joined Radio Islam to unpack the growing pandemic of cybercrime.

Rescission of judgments taken against you without your knowledge
19 September 2019 Dispute Resolution

Rescission of judgments taken against you without your knowledge

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on YFM's 'The Shakedown' to discuss rescission of judgments taken against you without your knowledge. Tune in to 'The Shakedown' every Tuesday between 1pm and 2pm to catch LawyeredUp, a weekly feature where Zanele talks through various legal issues.