On 2 March 2022, the CCMA handed down a ruling relating to an unfair labour practices dispute. The applicant, an employee of the Rail Safety Regulator (the respondent), alleged that she was excluded from receiving benefits that were due to her which other employees were entitled to. The respondent raised a point in limine objecting that the applicant’s bundle of [...]
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 [...]
For the first time in 16 years, when it seemed like South Africa would finally get new spectrum licensed, legal battles brought the spectrum auction to a standstill. Earlier this year, major telecommunications companies like MTN and Telkom sued the Independent Communications Authority of South Africa (“ICASA”), citing various issues to halt the auction. This setback means that spectrum is [...]
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 [...]
Going to court is a costly and time-consuming exercise. There is no guarantee of success and in most cases even if you are successful you would probably not be able to recover all the money that you have spent on legal fees. Before taking someone to court, it is important that you are familiar with the various aspects of legal [...]
Vodacom has been successful in a Supreme Court of Appeal (“SCA”) battle to get access to underground ducts, sleeves and manhole covers (“the Infrastructure”) within the Dennegeur Residential Estate in Cape Town (“the Estate”). The Estate had, twenty years ago, installed the Infrastructure, but had permitted Telkom to run its ADSL copper cables in the ducts. In 2016, the Estate [...]
