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  • Article

    The Contours Of Ubuntu: A Principal's Right To Terminate A Contract Of Mandate

    It is firmly established in our law that both the terms and enforcement of a contract must not offend public policy, a matrix of rules articulating society's values and sense of propriety.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Transfer Of Shares In A Private Company: Misstep From The Supreme Court

    It is standard practice that for a share transfer in a private limited liability company to be effective.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
Article

Cybercrime: The Use Of Electronic Confirmation For Verification And Authentication Purposes To Authorise The Release Of Funds

In this current digital age, numerous electronic transactions take place online daily. A signature serves as a critical authentication and verification tool in commercial transactions, and it enables the process...
South AfricaCriminal Law
SchoemanLaw Inc.
SchoemanLaw Inc.
  • Article

    South African Borders No Limit For CCMA

    The Commission for Conciliation, Mediation and Arbitration ("CCMA") has jurisdiction to hear certain employment disputes where the employee involved works outside of South Africa.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    FSCA Levies Record R1.5 Billion Fine Against Steinhoff International Holdings N.V. For False, Misleading And Deceptive Statements To The Market

    On 12 September 2019, the South African Financial Sector Conduct Authority (FSCA) announced the conclusion of its investigations into Steinhoff International Holdings N.V. (Steinhoff).
    South AfricaFinance and Banking
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Prescription And Constructive Knowledge: Key Principles From A Recent Supreme Court Of Appeal Decision

    A recent judgment from the Supreme Court of Appeal has provided important clarification on the application of prescription in the context of misappropriation of funds within a close corporation.
    South AfricaFinance and Banking
    Adams & Adams
    Adams & Adams
  • Article

    The Prescription Act And Judgment Debt - Good News For Creditors, Bad News For Sureties

    The Prescription Act provides that the basic period of prescription shall be 30 years in respect of ‘any judgement debt’ and 3 years for ‘any other debt’. The Act further provides that ‘prescription shall commence to run afresh on the day on which the judgment of the court becomes executable’.
    South AfricaFinance and Banking
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Gauteng High Court Orders Immediate Cancer Treatment Amid Deadly Backlog

    In a landmark ruling, the Gauteng High Court (Johannesburg) has ordered the provincial Department of Health to immediately provide treatment to patients on a long-standing backlog list of cancer...
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Beach Weather | Legal Marketing
    Beach Weather | Legal Marketing
  • Article

    Should Legal Practitioners Claim Advice To Family And Friends As Community Service?

    Since the promulgation of the Legal Practice Act 28 of 2014, on 22 September 2014, legal practitioners waited for the day that the Minister of Justice would promulgate the hours for community service. That day came on 3 May 2022, eight years later.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    When Does Freedom Of Expression Go One Step Too Far?

    Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general.
    South AfricaGovernment, Public Sector
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Case Law: SCA Sets A Precedent In The Recovery Of Property Against A Company In Business Rescue

    A recent judgment by the Supreme Court of Appeal, Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd [SCA case number 91/2020] has given some much needed guidance...
    South AfricaInsolvency/Bankruptcy/Re-Structuring
    Tabacks
    Tabacks
  • Article

    A Geographical Name Is Not A Trademark: The Case Of Kyaninga Royal Cottages Ltd v Kyaninga Lo

    In Kyaninga Royal Cottages Ltd v Kyaninga Lodge ("the Lodge"), the Lodge filed suit to protect its use of the name "Kyaninga" and the phrase "Kyaninga elegance at its peak".
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Patentability Of Genetic Material

    The patentability of genetic material has again come into the spotlight with the recent high court decision in Australia in the Myriad Genetics Inc. v D'Arcy case...
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Robertson Winery v Roberston Hills

    The South African Supreme Court of Appeal handed down a number of trade mark judgments late last year.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    The Patentability Of Living Things – A South African Approach

    Patent protection of living organisms, or substances derived from them, has long been a locus of confusion and controversy in law. Recently, however,
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    The Ethics Around The Hopeless Case

    As attorneys, we are approached by clients regularly with various issues and disputes.
    South AfricaLaw Department Performance
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Party Absent From Taxation Cannot Seek To Review The Taxation Master's Decisions

    In Macbeth Attorneys Inc v South African Forestry Company SOC Ltd ("SAF") and Others, the South African Supreme Court of Appeal ("the SCA") provided clarity about whether...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    A Settlement Agreement Extinguishes The Debtor's Obligations

    The South African Supreme Court of Appeal ("the SCA"), in Tosholo v Road Accident Fund, clarified the position regarding the effect of a settlement agreement on ongoing litigation.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Adjudication Holds Firm: Eskom V Framatome And The Strength Of Contractual Dispute Resolution

    The construction industry increasingly relies on adjudication as a fast and cost-effective way to resolve disputes under complex infrastructure contracts.
    South AfricaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Breaking Barriers: High Court Declares SRD Grant Rules Unconstitutional

    On January 24, 2025, the Pretoria High Court declared six regulations governing the SRD grant unconstitutional and invalid.
    South AfricaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Showing 121–140 of 638 results

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