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  • Article

    When Can A Bank Reverse A Credit Transfer Without Customer Consent?

    The South African Supreme Court of Appeal ("SCA") recently delivered judgment in the matter of FirstRand Bank Limited v The Spar Group Limited. The SCA held that:
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    When Does The Clock Begin To Run Under Section 7(1)(b) Of PAJA?

    On 8 April 2024, the Supreme Court of Appeal ("SCA") handed down judgment in the matter of Centre for Child Law and Other v South African Council for Educators and Others...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
Article

SARS Incorrectly Treating Objections As Invalid

In terms of section 104 of the Tax Administration Act No. 28 of 2011 ("the TAA"), a taxpayer who is aggrieved by an assessment made in respect of that taxpayer may object to the assessment.
South AfricaTax
ENS
ENS
  • Article

    One Step Forward: Optimising The Use Of Technology In The Practice Of Law During COVID-19

    Without any doubt, the wider use of technology in the practice of law has been accelerated by the changed landscape brought about by the COVID-19 global pandemic and associated lockdown regulations.
    South AfricaCoronavirus (COVID-19)
    ENS
    ENS
  • Article

    Mining And Local Communities: Free, Prior And Informed Consent In South Africa?

    With South Africa's recent cabinet reshuffle, the Department of Water Affairs and Sanitation was amalgamated with the Department of Human Settlements.
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Recovery Of Judgment Debts From Organs Of State – When Is It Appropriate To Issue A Writ Of Execution?

    Obtaining a favourable judgment against an Organ of State marks a day of success and promotes the feeling that justice has been served.
    South AfricaFinance and Banking
    Adams & Adams
    Adams & Adams
  • Article

    Vicarious Liability: Insurance Implications For Deliberate Actions Of Employees

    While employers get to enjoy the benefit of the profits resulting from the deeds of their employees, they also create the risk of harm to others through the actions of their employees...
    South AfricaInsurance
    ENS
    ENS
  • Article

    The Computicket Case: Clarifying The Effects Test Under South Africa's Abuse Of Dominance Law

    In the recent case of Computicket v the Competition Commission, the Competition Appeal Court was called upon to analyse and explain the standard...
    South AfricaAntitrust/Competition Law
    Fasken
    Fasken
  • Article

    Pretoria High Court Rules The State Must Consider Race When Awarding COVID-19 Relief Funding To SMMEs

    On 19 June 2020, the Pretoria High Court handed down judgment in Democratic Alliance v President of the Republic of South Africa and Four Others. The case concerned...
    South AfricaCoronavirus (COVID-19)
    ENS
    ENS
  • Article

    Do You Possess Your Emails?

    Could The Mandament Van Spolie Remedy Be Instituted To Regain Possession Of Your Emails And Access To A Network Server? This was the question asked in the Supreme Court of Appeal (‘‘SCA'') ...
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Umuntu Ngumuntu Ngabantu… Except In The Law Of Contract

    Judge Brand, in the case of South African Forestry Co Ltd v York Timbers Ltd 2005 (3) SA 323 (SCA) stated that "… fairness and justice, like beauty, often lie in the eye of the beholder".
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Where Does A Company Reside And Why Does It Matter?

    The provision that the court has jurisdiction ‘over all persons residing or being in such area does not enlarge the jurisdiction endowed by the words 'causes arising'.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Interpretation Of Employment Tax Incentive Act

    SD9 is published in January each year, applicable from 1 February for 12 months.
    South AfricaEmployment and HR
    Peter Surtees Inc
    Peter Surtees Inc
  • Article

    A Slogan, Some Contempt And A Rookie Error

    Although brief, Judge Tolmay's judgment in the case of Helen Els and Ceroc Dance South Africa v Lezelle Pretorius (North Gauteng High Court, 25 June 2015) is interesting for a number of reasons.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Peppamates

    This would be tantamount to, for example, a supplier of grapes not being able to use a device of a bunch of grapes alongside its name and trade mark on its packaging/cartons.
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    The Last Word On ClearVu?

    There's been a great deal of litigation around the trade mark ClearVu – passing-off proceedings before the High Court, an appeal from that judgment to the Supreme Court of Appeal, and proceedings before the ASA.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Two Stripes And You're Out

    A recent European case in which Adidas successfully objected to a two-stripe device trade mark for footwear is interesting for us in Africa.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Using A Trade Make The Wrong Way

    The recent South African High Court decision in the case of Howden Africa v CFW Industries is extremely interesting.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Annual Events, Annual Accidents? What Victims Need To Know

    With our South African diversity, it is not surprising that we have several major annual events, where people gather and celebrate, in the same spirit.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Application To Conduct A Trial Via Microsoft Teams Fails

    The recent judgment in Union-Swiss (Proprietary) Limited v Govender and Others, delivered by the Kwa-Zulu Natal Local Division of the High Court, dismissed an application seeking ...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Showing 161–180 of 638 results

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