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Karoo lamb, rooibos tea, Bapsfontein… What’s in a name?
20 June 2019 Agricultural

Karoo lamb, rooibos tea, Bapsfontein… What’s in a name?

On 22 March 2019, the Minister of Agriculture, Forestry and Fisheries published regulations to the Agricultural Product Standards Act (1990) relating to the registration and protection of geographical indicators (GIs) used in respect of agricultural products intended for sale in South Africa.

Sureties and business rescue - you can run but you can’t hide
19 June 2019 Dispute Resolution

Sureties and business rescue - you can run but you can’t hide

It is trite law that the liability of a surety is unaffected by the business rescue of the principal debtor, unless the business rescue plan makes specific provision for the situation of sureties. However, in practice, sureties continue to try to avoid liability under their suretyship agreements.

The power of a court when a settlement agreement is not preceded by litigation
19 June 2019 Dispute Resolution

The power of a court when a settlement agreement is not preceded by litigation

“We have frequently pointed out that the court is not a registry of obligations. Where persons enter into an agreement, the obligee’s remedy is to sue on it, obtain judgment and execute.” Those were the words of the full bench more than 66 years ago in Mansell v Mansell 1953 (3) SA 716 (N) at 721. This aligns to the generally accepted principle that courts of law exist for the settlement of concrete controversies and actual infringements of rights, not to pronounce upon abstract questions, or to advise upon differing contentions, however important.

Samiksha Singh discusses probationary periods
18 June 2019 Employment

Samiksha Singh discusses probationary periods

Samiksha Singh, a Director in the Employment practice features on the Get up and go Breakfast Show on Cape Pulpit. She discusses probationary periods, and what employers need to do during this period.

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Karoo lamb, rooibos tea, Bapsfontein… What’s in a name?
20 June 2019 Agricultural

Karoo lamb, rooibos tea, Bapsfontein… What’s in a name?

On 22 March 2019, the Minister of Agriculture, Forestry and Fisheries published regulations to the Agricultural Product Standards Act (1990) relating to the registration and protection of geographical indicators (GIs) used in respect of agricultural products intended for sale in South Africa.

Sureties and business rescue - you can run but you can’t hide
19 June 2019 Dispute Resolution

Sureties and business rescue - you can run but you can’t hide

It is trite law that the liability of a surety is unaffected by the business rescue of the principal debtor, unless the business rescue plan makes specific provision for the situation of sureties. However, in practice, sureties continue to try to avoid liability under their suretyship agreements.

The power of a court when a settlement agreement is not preceded by litigation
19 June 2019 Dispute Resolution

The power of a court when a settlement agreement is not preceded by litigation

“We have frequently pointed out that the court is not a registry of obligations. Where persons enter into an agreement, the obligee’s remedy is to sue on it, obtain judgment and execute.” Those were the words of the full bench more than 66 years ago in Mansell v Mansell 1953 (3) SA 716 (N) at 721. This aligns to the generally accepted principle that courts of law exist for the settlement of concrete controversies and actual infringements of rights, not to pronounce upon abstract questions, or to advise upon differing contentions, however important.

Legal professional privilege protection available to taxpayers too
14 June 2019 Tax & Exchange Control

Legal professional privilege protection available to taxpayers too

In a litigious context, the doctrine of legal professional privilege provides that communications between an attorney and a client are protected from disclosure in litigious proceedings. The protection afforded to a litigant in terms of this doctrine is aimed at encouraging and protecting the full and honest disclosure of information by clients to their legal advisors when seeking legal advice, which is necessary for the proper functioning of the South African adversarial system of litigation.

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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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Unemployment rate in South Africa
17 May 2019 Employment

Unemployment rate in South Africa

It was recently announced that South Africa's unemployment rate has increased to 27.6% in the first quarter of this year. Employment Director Hugo Pienaar joined eNews Channel Africa to discuss this.

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk
20 March 2019 Corporate & Commercial

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk

Deepa Vallabh, Corporate and Commercial Director & Head, Cross-Border M&A: Africa & Asia, participated in a webinar where she discussed "Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk". The Webinar provided an in-depth look at the investment structures that foreign investors can use to minimise risk and increase efficiency in their African investments.

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Samiksha Singh discusses probationary periods
18 June 2019 Employment

Samiksha Singh discusses probationary periods

Samiksha Singh, a Director in the Employment practice features on the Get up and go Breakfast Show on Cape Pulpit. She discusses probationary periods, and what employers need to do during this period.

Employees need to disclose their romantic relationships
10 June 2019 Employment

Employees need to disclose their romantic relationships

Anli Bezuidenhout, Senior Associate in the Employment practice joined the Lester Kiewit show on Cape Talk, to discuss romantic relationships in the workplace. She states that employees need to disclose their romantic relationships that were created in the workplace, so that the risks can be mitigated.