Commercial Law

SHOULD YOU INCLUDE AN ARBITRATION CLAUSE IN YOUR CONTRACTS?

“Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.” Many contracts or agreements contain this clause, which makes it necessary for a matter be resolved through arbitration rather than be litigated in a court.  Regrettably, these [...]

By | 19th March, 2019|Arbitration, Commercial Law, Contract Law, PPM Attorneys|

TEMPTED TO IGNORE THE EU GDPR PRIVACY LAWS? RATHER USE THIS GUIDE TO NAVIGATE THEM

May 25 has come and gone; we are all very aware of the GDPR, the European Union’s new set of data privacy laws. It might be tempting to think that because you’re in SA, these laws don’t affect you or your company, but the EU is serious about its citizens’ privacy and complacency would be a mistake. South African organisations [...]

By | 26th June, 2018|Commercial Law, IT Law, Privacy Law, Technology Law|

ICASA sets its eyes on priority markets in the electronic communications sector – 10 years after the original go-ahead, are we finally going to see local loop unbundling?

ICASA has started an inquiry to identify markets and or market segments in the electronic communications sector that are susceptible to ex ante regulations.[1]  It has published a Priority Markets Discussion Document inviting comments on its preliminary views. It wants to determine which of these markets should be prioritised for market reviews and potential regulation under the EC Act. One [...]

By | 11th April, 2018|Commercial Law, IT Law, Media Law, Telecommunications Law|

Class Actions: What, Why and How

There have been many instances where companies have wronged a group of people.  This could be a result of ill-manufactured products, contamination of food products or unsafe working conditions.  While individuals may have a strong case against the company, court processes are expensive and most often, the individual does not have the capacity to seek justice. In comes the class [...]

By | 10th April, 2018|Administrative Law, Commercial Law|

Are electronic signatures legal?

Digitisation and technology has increasingly pushed businesses into implementing automated business processes while creating a paperless environment.  Time delays due to documents having to be printed, signed, scanned and emailed/faxed just scream inefficiency in the modern business world. As a natural progression for business end-to-end efficiency, electronic signatures have become increasingly popular, but how legal and binding are they? The [...]

By | 5th February, 2018|Commercial Law|

DO YOU HAVE A CONTRACT CHECKLIST?

Introduction Most companies enter into contracts on a regular basis for, inter alia, service level agreements, property or equipment leases, advertising agreements, production agreements etc.  Some of these contracts are simple and easily understandable while others are completely incomprehensible.  As a result, it is very easy for a party to glance over a contract without understanding what their obligated to [...]

By | 10th October, 2017|Commercial Law, PPM Attorneys|

Tough lessons from SA corporate blunders on Twitter – a few tips on reducing the damage

OUTsurance, MiWay and more recently 702 Radio have all had social media mishaps. OUTsurance and 702 Radio because of decisions taken by their own teams and MiWay, somewhat unfairly as a result of a "fake" email that it attributes to a disgruntled customer. Social media can be a minefield if not used wisely, particularly in situations and on topics that may seem trivial and light-hearted [...]

By | 22nd August, 2017|Commercial Law, PPM Attorneys, Social media law|

It’s World Telecommunication and Information Society Day (WTISD-2017): a quick overview on South Africa’s membership of the International Telecommunications Union

About WTISD The International Telecommunications Union (“ITU”) celebrates WTISD on 17 May each year. According to the ITU, the purpose of WTISD “is to help raise awareness of the possibilities that the use of the Internet and other information and communication technologies (ICT) can bring to societies and economies, as well as of ways to bridge the digital divide.” WTISD [...]

By | 17th May, 2017|Commercial Law, Information Security, PPM Attorneys|

South Africa’s Nuclear Procurement Programme: The Court’s reasons for overturning the deals

Earthlife Africa - Johannesburg and another Non-Governmental Organisaton challenged the Minister of Energy and others in the Western Cape High Court on the various steps taken with regard to South Africa’s nuclear power procurement programme.  The applicants in the case challenged the steps made by the Minister of Energy in 2013 and 2016, in terms of section 34 of the [...]

By | 27th April, 2017|Commercial Law, Constitutional Law, PPM Attorneys|

YOU WILL BE BREACHED: TIPS ON LIMITING LEGAL LIABILITY UNDER THE PROTECTION OF PERSONAL INFORMATION ACT

It was reported over the past weekend that 15 computers were stolen in a burglary at the Office of the Chief Justice, in Johannesburg.  The media reported that the computers held the information of 243 South African judges and about 1,800 support staff.  Other important South African state institutions like the state arms procurement company, Armscor, and the South African police [...]