Heads of the Hydra – Putting an end to land invasions
Sometimes, people don’t care what the law says. Increasingly, that seems to be the case when it comes to the rights of a landowner. Land invasions are on the rise in KwaZulu-Natal, with no indication that the problem will go away any time soon. In a matter of hours a landowner’s property can be overrun by […]
The Impact of Appeals on Court Orders
Timing is a very important consideration to dispute resolution. The only lawful way to resolve a dispute, unless agreement is reached or there is a referral to arbitration, is to obtain a court order. There are two paths available to obtaining a court order. The first involves an application to court using affidavits. This is possible […]
Will the Expropriation Bill be the Death of Development in South Africa?
The latest Expropriation Bill, which was published in December 2018 (the Bill), has the potential to bring all development in South Africa to a screeching halt. Expropriation without compensation is a contentious issue in South Africa. Everyone appears to accept that South Africa needs to redress the injustices of the past and to do so, the demographic […]
Commissions of Inquiry – a Toothless Hound?
Over the past 6 years there have been a multitude of Commissions of Inquiry (‘COI’) convened to inquire into various scandals. COI’s steal the limelight and are almost inescapable in the news. We need to reflect, however, on what purpose a COI serves other than to keep the news interesting. It is, after all, tax payer’s money […]
Your Debts have an Expiry Date
It’s that time of year again. Businesses close, everyone goes off on holiday, and cheer abounds. While you’re relaxing for the holidays, however, your debtors book keeps ticking towards its sell-by date. Debts are subject to something called “prescription”. Once a debt prescribes, it is extinguished. Most debts, absent something more, prescribe three years after they […]
The CIDB Intervenes – New Best Practice Standard For Contractors
The Construction Industry Development Board (CIDB) has implemented a new Standard for Minimum Requirements for engaging Contractors and Subcontractors on Construction Works Contracts (‘the Standard’). The Standard was published in the Government Gazette on 9 November 2018 and is now in effect. The Standard establishes minimum requirements in the appointment of principal contractors and subcontractors on construction works […]
Operationally Justifiable Retrenchments
Section 189A(19) of the Labour Relations Act, 1995, as amended (the LRA), which regulates so called large scale retrenchments compelled the Labour Court to find that an employee was dismissed for a fair reason if: (a) the dismissal was to give effect to a requirement based on the employers economic logical, structural or similar needs; (b) the dismissal was operationally justifiable on rational grounds; (c) there was a […]
Life Insurance – Disclose the facts or risk repudiation
The recent repudiation by Momentum of a life insurance policy, based on a non-disclosure by the insured, has emphasised the importance of disclosing all known facts to the insurer prior to the inception of the insurance policy.
Cryptocurrency needs looking at
Cryptocurrency has gained significant traction in the past few years and has become a risky, but potentially lucrative, investment or trading option.
Complaints of fronting
Empowerment ratings are increasingly important for obtaining government contracts, licences and permits as well as doing work for any other business remotely reliant on government.