Commercial Law

Registering as an Essential Service Provider under South African Covid-19 Lockdown Regulations

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 [...]

By | 3rd April, 2020|4IR, Commercial Law, Compliance 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|

Legal considerations around eCommerce

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. [...]

By | 11th March, 2020|Commercial Law, Consumer Law, Contract Law, PPM Attorneys|

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|

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 [...]

Why your Company Should Have A Social Media Policy

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 [...]

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|