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Can Your Tenant Claim a Lockdown Rental Remission?
Can Your Tenant Claim a Lockdown Rental Remission?
12 January 2022
The Covid-19 pandemic and its associated lockdowns and restrictions have impacted negatively on many businesses, and there has been much uncertainty as to whether commercial tenants of leased property are entitled to claim a remission of rental if their trading activities are curtailed. A recent High Court decision of Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (...
Directors at War: Terminating Email Access
Directors at War: Terminating Email Access
12 January 2022
When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious consequences for the director thus cut off. Its appeal as a tactic to force the other director to the negotiating table is obvious, but the question is whether the director thus deprived has any legal remedy a...
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs
12 January 2022
Even if your marriage is collapsing around you, you might be afraid to sue for divorce because you have no money to survive on, plus you know that a hotly contested divorce might take years to finalise while your breadwinner spouse fights you tooth and nail every step of the way. How will you support yourself and your children until the case is finalised? How will you pay your lawyer to run the...
A Victim of Sexual Harassment Must Report It “Immediately”
A Victim of Sexual Harassment Must Report It “Immediately”
12 January 2022
Employers have a strong duty to provide a safe workplace for their employees, and to protect them from harm – including sexual harassment. An employer who fails in this faces claims for damages and compensation, but as a recent Labour Court judgment shows, the victim must first follow procedure correctly, and without delay. Delayed reporting kills a claim A female employee claimed “a just and...
When Can a Shop Be Sued for Damages If a Customer Falls?
When Can a Shop Be Sued for Damages If a Customer Falls?
1 December 2021
The Festive Season is once more upon us, cueing shops, shopping centres and malls packed with ever-growing crowds of shoppers. What happens if you fall while shopping and hurt yourself? Our law reports are full of cases where shops are sued for damages following “slips” and “trips”, and a recent High Court case of Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another (A116/20) [2021] ZAWCHC 3...
Selling Your Home: How to be Lucky this Holiday Season
Selling Your Home: How to be Lucky this Holiday Season
1 December 2021
History has not recorded whether Seneca himself was “lucky” in the property market of his time (Rome’s land registration records from two millennia ago have unfortunately not survived the ravages of time and Imperial collapse) but his wise words are as true today as they were then. The two key elements of a “lucky” sale To be “lucky” in finding the right buyer at the right price you need two key...
Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices
Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices
2 November 2021
New parents, married or not, are obliged by the Births and Deaths Registration Act (“the Act”) to register their child’s birth with Home Affairs within 30 days. However in regard to the actual process of giving this “notice of birth”, the Act has always distinguished between married and unmarried parents. In particular, unmarried fathers have until now been unable to register the child under th...
Exemption Clauses in Contracts – Fine Print Can Void Them
Exemption Clauses in Contracts – Fine Print Can Void Them
2 November 2021
For suppliers of goods or services, incorporating a strong, clearly worded exemption clause (a clause excluding or restricting your liability to the customer) into your contracts is an essential part of risk management. Just be aware of the restrictions that our laws place on them. As a recent Supreme Court of Appeal (SCA) judgment shows, your first hurdle in enforcing a disputed exemption clau...
Fired for a Racist Facebook Post
Fired for a Racist Facebook Post
2 November 2021
“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against its employees who are guilty of such conduct. South Africa...
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