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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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
The parliamentary committee is about to convene to consider whether section 25 of the Constitution should be amended to allow expropriation without compensation. Written submissions have been made and the road shows around the country completed. The core of the debate is whether land reform requires the Constitution to be amended. The Freedom Charter, adopted by the ANC in 1955, called for all land […]
AWARD-winning Cox Yeats has just received another prestigious honour, this time moving up in rankings to being independently voted the top medium-sized law firm in the country. Cox Yeats and its team of 45 handpicked professionals had been consistently a top achiever in the “small law” firm category in the PMR.Africa Diamond Arrow Awards. However, in the recent 2018 awards, it moved into first place in […]
In the 2017, in the case of Prince v Minister of Justice, the authority of the state to restrict what people eat, drink or smoke in their own homes was challenged on the grounds that it is an unjustifiable invasion of an individual’s right to privacy, dignity and freedom. The Western Cape High Court held that the use of […]
Business rescue was introduced in Chapter 6 of the Companies Act 71 of2008 (the Act) as a new corporate rescue mechanism to assist companies in South Africa who find themselves suffering from financial difficulty. Business rescue provides distressed companies with temporary relief to allow for their rehabilitation. The successful rescue of companies is key in South Africa […]
We are living in the digital age. We rely on computer programs and the internet for enjoyment, communication and for business. Most modern business transactions incorporate digital elements, whether it be in the advertising space, e-commerce or simply concluding an agreement on your personal computer or on an app on your phone. The obvious risk that businesses face is the ease with which intellectual property, including computer programs, can be manipulated, copied […]
ON NOVEMBER 28, 2017, the Labour Laws Amendment Bill was passed by the National Assembly in Parliament. What makes this bill so special? Apart from it being the first private members’ bill to be adopted by the National Assembly, the bill is also considered to be a landmark achievement on three levels, since it seeks to regulate the rights to paternal leave, adoption leave, and surrogacy […]
Over the past couple of decades, the number of secure estates in South Africa, both residential and commercial/ industrial, have increased exponentially. This has been largely driven by security concerns because of the escalating crime rate in the country. Each estate is administered by an owners' association, which is either established as a non-profit company, […]
