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About Zandile Mthabela

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So far Zandile Mthabela has created 15 blog entries.

THE REMOVAL OF DIRECTORS UNDER THE COMPANIES ACT

What is directorship under the Companies Act? Section 1 of the Companies Act, 71 of 2008 (“the Companies Act”) defines a director as a member of the board of a company, as contemplated in section 66, or an alternate director of a company and includes any person occupying the position of a director or alternate director, by whatever name designated.  There are various ways in [...]

By | 7th March, 2022|Company Law, Regulatory and Governance|

CRIMINALISATION OF CYBERBULLYING IN SOUTH AFRICA

The recent death of a veteran actor, Patrick Shai set tongues wagging after it was reported that he committed suicide following alleged cyberbullying((Kedibone Modise "Somizi Mhlongo probes if cyberbullying played a part in Patrick Shai’s passing" IOL news 25 January 2022.)) on social media platforms.  The cyberbullying allegedly stemmed from the prominent actor’s heated argument with a celebrity.  Furthermore, not [...]

By | 28th January, 2022|Cybercrime, IT Law, Media Law, Social media law, Technology Law|

The significance of the Plascon-Evans rule in motion proceedings

The Plascon-Evans rule was the ‘order of the day’ in this year’s interview proceedings conducted by the Judicial Service Commission (JSC).  The JSC was interviewing prospective candidates who had been shortlisted for appointments as Judges in our courts.  One of the recurring questions was for the candidates to explain the Plascon-Evans rule and when it is used in court.  This [...]

By | 23rd November, 2021|Commercial Law, Legal Practice, PPM Attorneys|

NOTICE OF MEDIATION IS INUNDATED COURTS’ BEACON OF HOPE

If you don’t comply with a Rule 41A of the Uniform Rules of Court, you run the risk of being stopped dead in your tracks or being turned away by a Registrar when attending court to issue summons or a notice of motion.  The primary purpose of Rule 41A is to ensure that courts are not inundated with civil matters that could be resolved between the parties by means of mediation.    What Rule 41A entails and how to comply  Rule 41A was introduced to ensure that in every new [...]

Adherence to an arbitration clause in a contract is paramount

The law of South Africa affords parties the freedom to enter into a contract and to choose who they wish to enter into a contract with. The general requirements for a legally enforceable contract are consensus, capacity, certain mandatory formalities and legality. In exercising their freedom of contract, the parties to a contract are permitted to conclude an arbitration agreement [...]

By | 2nd October, 2020|Arbitration, Commercial Law, Contract Law, Dispute resolution, PPM Attorneys|

The rights of women in customary marriages

The Recognition of Customary Marriages Act, 120 of 1998 (“the Act”) prescribes the formalities that need to be complied with in order for a customary marriage to be valid. Section 4(3) of the Act provides for customary marriages to be registered within a stipulated time period. However, failure to register a customary marriage does not affect its validity. Many customary marriages, [...]

By | 15th May, 2020|Constitutional Law, family law, PPM Attorneys|

It is imperative that your contract contains a force majeure clause

Force majeure refers to a clause that is included in contracts to indemnify against liability for natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations.[1] In the case of Rumdel Cape and Others v South Africa Roads Agency Soc Ltd & Others[2], the Supreme Court of Appeal defined the force majeure as [...]

By | 1st April, 2020|Commercial Law, Constitutional Law, Contract Law|

Publish your intended sale of business or creditors will come knocking at your door

Section 34 of the Insolvency Act, 24 of 1936 provides for a trader[1] to publish a notice of intended disposition[2] (“notice”) of a business before the intended sale. Purpose of section 34 of the Insolvency Act The purpose of this provision is to prevent sellers from disposing of businesses when they are in financial difficulties and spending the proceeds from [...]

By | 10th March, 2020|Commercial Law, Constitutional Law, PPM Attorneys|

Bogus recruitment agencies feed off vulnerable jobseekers

With the South African unemployment rate at its peak, some phony recruitment agencies are exploiting the jobseekers and taking the little that they have towards their search of employment.  The unemployment rate in South Africa has increased to 29% in the second quarter of 2019 from 27.6% in the previous period.[1] You may directly or indirectly have been adversely affected [...]

By | 8th October, 2019|Constitutional Law, Labour law|

Should shoppers conform to a store’s dress code?

A dress code is a set of rules, often written, with regards to clothing.[1] There was a recent incident where a customer was refused entry into a reputable store merely because of how she was dressed.  But, do you, as a customer, ever glance at or read the store’s policy upon entry? Do customers have to adhere to the store’s [...]

By | 3rd September, 2019|Constitutional Law, Human rights, PPM Attorneys|