Pro Bono and Human Rights Alert

Mentorship and Sponsorship: How men can support women in tax careers

Jurisdiction of the Environment and Land Court in enforcement of securities over land

” Jurisdiction is everything ” reads part of the decision of the Court of Appeal in the Owners of Motor Vessel Lillian S v Caltex Oil (Kenya) Limited KLR 1. 

Erroneous payments to employees: Is a deduction from salary a contractual breach?

On 17 January 2024, the Supreme Court of Appeal (SCA) handed down an interesting judgment in Mhlontlo Local Municipality and Others v Ngcangula and Another (1154/2022) 2024 ZASCA 5 (17 January 2024) that, amongst other things, dealt with the concurrent jurisdiction of the Labour Court and the High Court to determine a matter related to a contract of employment, and clarified whether an erroneous payment made by an employer over a period becomes a term and condition of employment.

Mental health and workplace safety: Evolving employer responsibilities under occupational health and safety

Mental health is increasingly recognised as integral to workplace safety. While physical health has traditionally been a focal point for health and safety practitioners, key legislation and regulations, such as the Occupational Health and Safety Act 85 of 1993 (OHSA) and the South African National Standard (SANS) 45001, address the impact of mental health on employee well-being.

The interplay between set-off and post-liquidation debt

Can a creditor that has realised its security in terms of section 83(3) of the Insolvency Act, 1936 claim set-off of a post-liquidation debt owed to it by an insolvent estate or company in liquidation against the amount of the proceeds of the realisation of the secured property that it is obliged to pay to the liquidator in terms of section 83(10) of the Insolvency Act? The High Court indicated that the answer is “ No ” and, inter alia , ordered the creditor to pay the amount of the net proceeds of the realised security to the joint liquidators. The interplay between set-off and post-liquidation debt was therefore considered by the Supreme Court of Appeal in Emontic Investments (Pty) Ltd v Bothomley NO and Others (1123/2022) ZASCA 1 (9 January 2024).

The definitive position on the courts’ ability to override existing orders

” If the errors and their consequences were not so serious, this appeal could be said to arise from a comedy of errors .” This was the opening sentence in a judgment by the Supreme Court of Appeal (SCA) in Standard Bank of South Africa v Swartz and Others (Case no 1175/2022) ZASCA 28. The appeal focused on errors the High Court made in granting a “ non-existent ” business rescue application and adjudicating issues which had been disposed of byagreement