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The Prevention and Combating of Corrupt Activities in South Africa Act No. 12 of 2004 was signed into law on April 27, 2004 and the definition under the act is very wide. The critical word used in respect of corruption is "gratification". It is widely interpreted to unclude money in cash or otherwise, but also […]
A rates certificate must be lodged in the Deeds Office before a property can be transferred. Most people believe that once the municipality has issued the rates certificate and the property has been transferred to the buyer, the municipality cannot claim from from the buyer any arrear rates or unpaid debts which were not claimed […]
Much has been said and written about infringements of competition law by construction companies recently. The high-profile publicity is the culmination of a lengthy process that commenced in 2004 when the competition aithorities introduced a corporate leniency policy relating to cartel activity. Included within the ambit of cartel activity is collusive tendering. The most comming […]
One of the difficulties that has arisen in regard to maritime piracy relates to the question of which court has jurisdiction to try suspected pirates once they have been captured on the high seas. The UN Convention on the Law of the Sea (UNCLOS) defines piracy, inter alia, as follows: "Any legal acts of violence […]
Defects in a property are often the cause of disputes between buyers and sellers of properties. In the absence of a voetstoots clause in a Sale Agreement, the seller is liable for all latent defects in a property, which result in the buyer not being able to use the property for the purpose it was […]
What happens when a main contractor enters into business rescue proceedings or liquidation and a subcontractor finds itself not being paid despite having carried out work? The Johannesburg Hight Court followed by the Supreme Court of Appeal had to deal with the issue a little while back. Buzzard Electrical had carried out work for a […]
The new Expropriation Bill was released for public comment at the end of March. It comes after a number of earlier bills that have been prepared by the Department of Public Works, the last of which was introduced in the National Assembly in mid-2008 and subsequently withdrawn. The old bill was unconstitutional because it attempted […]
The terms “dishonesty” and “breach of trust” have been buzz-words in labour relations circles for many decades now, often forming the topic of many a conversation around the question of whether employers are justified to dismiss employees for acts of dishonesty in various situations and in numerous sets of circumstances. What is often apparent is […]
Chris Haralambous has been appointed a partner at Cox Yeats. The senior commercial and labour relations attorney has more than 17 years' experience in private practice, specialising in employment and commercial law and alternative dispute resolution. He is a qualified arbitrator. Simon Watson has been appointed as a partner at Cox Yeats. He can advise on constitutional, […]
If a maritime claim arises, the parties will have to elect in which jurisdiction their claim is to be legally enforced and ultimately determined. This is an important choice to make as it may impact on the prospects of making a financial recovery, the defences available to the carrier and the costs of the proceedings. […]
Who remembers the manual Corolla typewriter, handwritten legal briefs in triplicate and “mistakenly” marching on the Union Buildings to protest against racist pass laws during the early years of apartheid? Few, to be sure. But 80-year-old business lawyer Graham Cox and his wife, Jillian, 77, have vivid memories of their university days in Cape Town, […]
