Monthly Archives: October 2015

Insider trading – big brother is watching!

If you trade in a public company’s shares, bonds or other securities (on the JSE for example) be careful of our “market abuse” rules. They are wide enough that you could fall

Demolish or go to jail: Property developer in the doghouse

An extract from judgment in EThekwini Municipality v Bhardwaj (3135/2015) [2015] ZAKZDHC 80, which is available here: SAFLII “….. a lenient approach ….. would also lead to an open invitation to members

Redflag provisions in the South African Arbitration Act may hinder swift and efficient arbitrations

In recent years there has been increased reliance on use of arbitration to resolve commercial disputes. The hallmark of arbitration is that it enables the parties to a dispute to determine the

Love knows no borders – or does it?

As anyone who has planned a wedding will tell you, “location” is one of the more important factors to consider.  While it is tempting to look outside of South Africa’s borders for a setting

Enough is enough: The Supreme Court comes to the aid of the vulnerable women

On 2 October 2015, the Supreme Court of Appeal (SCA) handed down judgment in favour of Ms Naidoo (the appellant in the matter), holding the Minister of Police (among others) vicariously liable

Eke v Parsons: On the Effect of Settlement Agreements made Orders of Court

On 29 September 2015 the Constitutional Court handed down judgment in the matter of Eke v Parsons 2015 ZACC 30, which was taken on appeal from the Eastern Cape Division of the

No money to sue? Consider Contingency Fees

If you think you have a good legal case but can’t afford to pursue it, the Contingency Fees Act may have some good news for you.  In an attempt to provide access

Employers: Is your zero tolerance policy enforceable?

A recent Labour Appeal Court (LAC) judgment demystifies the issues surrounding how far an employer can go to protect itself from employee misconduct with “zero tolerance” policies. The supermarket, the supervisor, and

Property Owners – Manage your risk of being sued

What happens if someone is injured or killed, or suffers some other form of loss on your property? Three recent court cases highlight your risk of liability for any potential dangers that