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Constitutional Law

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 [...]

By | 5th October, 2021|Constitutional Law, Contract Law, Dispute resolution, Legal Practice, Regulatory and Governance|

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|

Fake News in the time of Covid – 19

Fake news has caused mass panic in these times of global crisis. It not only makes people believe false things, but also makes them less likely to accept or consume accurate information. On 18 March 2020, government gazette no. 43107 issued regulations in terms of section 27(2) of the Disaster Management Act, 2002. These regulations deal specifically with the Covid [...]

By | 2nd April, 2020|Constitutional Law, Human rights, Media Law, PPM Attorneys, Social media law|

South African Covid-19 mobile track and trace laws – should we be worried?

In last night’s update on the Covid-19 pandemic, South Africa’s President Cyril Ramaphosa announced that “Using mobile technology, an extensive tracing system will be rapidly deployed to trace those who have been in contact with confirmed coronavirus cases and to monitor the geographical location of new cases in real time.” You may ask: What about my right to privacy? What [...]

By | 1st April, 2020|4IR, Constitutional Law, Cybersecurity, Data Protection, Human rights, PPM Attorneys, Privacy Law|

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|

An overview on the law on child pornography in South Africa

I recently had an interview with Ligwalagwala FM on the dangers of posting nude photographs of children online. Who is considered a child in South Africa?  Section 18 of the Children’s Act, 2005 provides that a child is anyone under the age of 18 years old.  A child becomes a major / adult upon reaching the age of 18. Posting nude photographs of [...]

By | 24th June, 2019|Child law, Constitutional Law, PPM Attorneys, Privacy Law, Social media law|

In a nutshell – benefits encapsulated in the Labour Laws Amendment Act, 2018

Included in the Labour Laws Amendment Act, 2018 (LLA) is the provision for parental, adoption and commissioning parental leave to employees, amendment of the Unemployment Insurance Act, 2001 so as to provide for the right to claim parental and commissioning parental benefits from the Unemployment Insurance Fund and for the application for, and the payment of, parental and commissioning parental [...]

By | 20th March, 2019|Constitutional Law, Labour law|