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 [...]
Here's what you need to do to continue operating as an essential service, e.g. a telco or data centre, during the SA lockdown: Obtain a copy of the Disaster Management Act, Amendments to the Regulations, published on 25 March 2020 in Notice No.398 in Government Gazette No. 43148; Consider the definitions under Regulation 11A to determine whether your organisation is [...]
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 [...]
We live in an ever globalised and connected world where it is possible to buy someone lunch across borders using a website or a mobile app. As the sale of goods and services from website and mobile apps increase, the appetite for online shopping continues to grow. However, various legal considerations should be made when selling goods or services online. [...]
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 [...]
Many employees have access to their employer’s confidential information by virtue of their position. Confidential information includes client information, trade secrets, computer passwords, information on sales and financial and may be extended to include information that your employer would generally not want to be public[1]. An employer has a right to protect its confidential information[2]. With the use of social [...]
“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 [...]
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 [...]
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 [...]
What the #@$% did you just say???
What the #@$% did you just say???
Whether you’re a blogger, vlogger, e-newspaper or any other kind of online content creator, it’s likely that you receive a fair amount of comments on the content that you post. This creates meaningful dialogue and allows content consumers to engage and debate opinions. Online comments can be extremely valuable. People are able to provide insight and valuable knowledge on areas [...]