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  • Article

    Gearing Up For Public Comments On The Employment Services Amendment Bill

    South Africa's Employment Services Amendment Bill is set to open for public submissions in September 2026, with a closing date expected in early November. Employers of foreign nationals face potential regulatory changes and should begin preparing their submissions immediately to meet the anticipated deadline.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Court Clarifies the ‘In Duplum’ Rule

    There has been much debate in the past about the meaning and effect of the in duplum rule. Any uncertainty has been clarified by a recent judgement of the Supreme Court of Appeal, delivered in September 2005 in the matter of Ethekwini Municipality v Verulam Medicentre (Pty) Ltd.
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Force Majeure In Instances Of Drought

    This is an attempt by parties to cater to instances where the breach of a contract. i.e. non-performance, is caused by circumstances beyond the control of the parties.
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    "Impossibility" Is No Excuse! High Court Enforces Compliance With Adjudicator's Decision

    On 2 September 2019, the Johannesburg High Court handed down a judgment (Case Number 2104/18) in which it had to determine whether to enforce a decision of an adjudicator in circumstances where ...
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Direct Marketing – The Way Forward

    Direct marketing is big business. It is frequently used by businesses as a marketing tool. Many businesses undertake research about prospective customers by accessing information...
    South AfricaMedia, Telecoms, IT, Entertainment
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Regulatory Issues in Energy

    Doing deals in any business sector requires some understanding by principals and their advisors of the regulatory framework.
    South AfricaReal Estate and Construction
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Mind The Gap : AI Adoption, Equity And Thinking Skills At Stake

    An AI expert in legal technology examines her discomfort with the title and explores a concerning pattern emerging in the adoption of GenAI tools. The analysis reveals troubling disparities across race and gender lines in how legal professionals are engaging with artificial intelligence technologies.
    South AfricaStrategy
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    UIF Gears Up For Parental Leave And Benefits, Come 1 November 2019

    On 1 November 2019, s8, 11, 15 and 16 of the Labour Laws Amendment Act 10 of 2018 (Act) comes into effect.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    A Silver Lining? Relaxation Of The Exchange Control Rules Regarding Loop Structures Announced In The MTBPS

    On 30 October 2019, the Minister of Finance (Minister) tabled the 2019 Medium-Term Budget Policy Statement (MTBPS).
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Stolen Domain Name? Complain!

    The task of enforcing the law rests in the State. Even private arbitration awards are enforceable only by way of a court order. Conversely, the procedure for resolving domain name registration disputes does not involve the State.
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Certification of Electronic Evidence – A Powerful Tool in South African Litigation

    The use of hard copy printouts of documents stored on computers has long been a bugbear for banks, insurance companies and anyone else wishing to present evidence from its computer system in order to prove a claim.
    South AfricaStrategy
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Big Catch: They've Resigned. Can They Compete With My Company?

    So they've resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent?
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    No Rest For The Wicked Social Media Policy

    Our courts have often dealt with employees operating under the misconception that their social network sites are personal, private and detached from their employment.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Victory Against HIV Discrimination

    According to Statistics South Africa (Stats SA) 2019 mid-year population estimates for 2019, around 18,7% of South Africans aged 15 to 49 years are HIV positive
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Application of the Competition Act to Franchise Agreements

    The Competition Commission recently published a notice designed to inform franchisors and franchisees about the impact of the Competition Act on their franchising arrangements.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Application Of The Pari Delictum Rule

    Proprietors of liquor businesses should take heed of a recent decision of the Supreme Court of Appeal reported in the case of Hitler Adolf Klokow v Michael Boyton Sullivan.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Weighting Issue – Will BEE Scorecards Fail the Broad-Based Test?

    In his 2005 budget speech, President Thabo Mbeki lashed out at the most common of all criticisms of current black economic empowerment models – that BEE is not "broad based" enough.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Who Is Liable When A Payment Is Made In Terms Of An Invoice That Has Been Intercepted And Altered?

    This is exactly what happened in the case of Galactic Auto (Pty) Ltd v Venter (4052/2017) [2019] ZALMPPHC 27. The plaintiff, a motor vehicle dealership
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Investor's Remorse: Can You Take Action Against Your Investment Broker For A Failed Investment?

    In the Symons case, the plaintiff invested R5 million into a property syndication with Sharemax Investments (Pty) Ltd (Sharemax) based on the advice of the defendant ...
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Invoking Hardship In Difficult Economic Times To Renegotiate Commercial Obligations

    With suppressed economic activity in South Africa, suppliers, distributors and service providers are all feeling the economic pinch and seeking various means to obtain some financial reprieve
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr

Showing 61–80 of 119 results

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