ArticleThe Commissioner's Role In Section 417 EnquiriesIn the previous issue, we explored how Ferreira v Levin reshaped the legal landscape of Section 417 enquiries by introducing constitutional safeguards for witnesses.South AfricaGovernment, Public SectorBarnard Inc.
ArticleConstitutional Court Adjusts Immigration Law: A Step Forward For Foreign Parents In South AfricaIn a pivotal ruling on December 4, 2023, the Constitutional Court of South Africa delivered a judgment that significantly impacts the lives of foreign nationals residing in the country...South AfricaImmigrationBarnard Inc.
ArticleJohannesburg High Court Launches Dedicated Insolvency CourtIn an important development for businesses, creditors, and legal professionals across Gauteng, the Johannesburg High Court has introduced a pilot Dedicated Insolvency Court.South AfricaInsolvency/Bankruptcy/Re-StructuringBarnard Inc.
ArticleRejecting The Insurance Claims Of Dishonest Clients: Not The Open And Shut Scenario One Would Expect It To BeThis article discusses the lawfulness of the rejection of a claim for the theft of a motor vehicle in circumstances where the insurer alleged that the insured had been dishonest about facts...South AfricaInsuranceBarnard Inc.
ArticleMonetising White Label BrandingWhite Label Manufacturing presents a powerful partnership where manufacturers and brand owners play to their strengths.South AfricaIntellectual PropertyBarnard Inc.
ArticleStaying Classy. The Complexities Of Blockchain And Trademark Protection.You've heard about Crypto, Blockchain technology, Non-Fungible Tokens (NFTs), and Web3.0 You became obsessed with it. Bought into it. People are making money left, right and centre and you want a piece of that ‘consensus' pie!South AfricaIntellectual PropertyBarnard Inc.
ArticleTop Gun: Maverick Flies Into A Derivative Danger ZoneIn true fly-by style, Paramount Pictures' blockbuster Top Gun sequel, Maverick has, by mid-August, already whizzed to a global box office haul of a staggering USD 1.37 billion...South AfricaIntellectual PropertyBarnard Inc.
ArticleWhen Tweets Turn Toxic: Steps To Protect Your Company's Reputation After An Employee's ExitExperience shows that the moment disciplinary action looms, some employees abandon the real dispute and head straight for their keyboards, hoping a social-media storm will drown out the facts.South AfricaLitigation, Mediation & ArbitrationBarnard Inc.
ArticleTenants Beware, Landlords Can Still Evict You Even If You Are In Business RescueLandlords may be exasperated when a tenant files for business rescue, but they have the right to evict tenants if they play their cards right.South AfricaReal Estate and ConstructionBarnard Inc.
ArticleZambia Overhauls Its Trade Mark Law: Key Highlights For Brand OwnersZambia has steered in a new era of trade mark protection with the Trade Marks Act No. 11 of 2023, which became operational on 26 December 2025. ZambiaIntellectual PropertyBarnard Inc.
ArticleWhich Horse Should You Back When Your Company Is In Financial Distress?The Companies Act 71 of 2008 has codified the qualifications that is required in order to be appointed as a business rescue practitioner. The Companies and Intellectual Property Commission...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleBreaking The Property Deadlock With 'Actio Communi Dividundo'When divorcing spouses cannot agree on what to do with jointly owned property, the deadlock can cause financial hardship – particularly for the spouse responsible for daily expenses and the care of minor children.South AfricaFamily and MatrimonialBarnard Inc.
ArticlePrivate Law In 2024: Family Law And Personal RightsIn a clear sign that South Africa's constitutional democracy is maturing, laws relating to family law and personal rights were easily the most challenged regulations in the highest courts...South AfricaFamily and MatrimonialBarnard Inc.
ArticleApplicability Of Mergers And Acquisitions In The Business Rescue EnvironmentBusiness rescue under South Africa's Companies Act provides financially distressed companies with restructuring opportunities through mergers and acquisitions. How can M&A transactions facilitate corporate rehabilitation while balancing creditor interests, employment preservation, and legal compliance requirements? South AfricaCorporate/Commercial LawBarnard Inc.
ArticleThe Principle Of SubrogationThe insurer has a right to claim from the wrongdoer or third party The doctrine of subrogation is defined in Joubert (ed) The Law of South Africa vol 12 (first re-issue) para 373 as follows...South AfricaInsuranceBarnard Inc.
ArticleHow Copyright Applies To Free-to-copy Open-source Software"There is nothing new under the sun" – a fact truer than ever in the information age. More specifically, open-source software has propelled the world into an era where developers...South AfricaIntellectual PropertyBarnard Inc.
ArticleThe Differences Between Latent And Patent Defects In Home PurchasesWhen embarking on the journey of buying a home, prospective homeowners should be well-informed in the nuances of latent and patent defects. South AfricaIntellectual PropertyBarnard Inc.
ArticleTrade Mark Licensing – Permitted Use, Registered Users And Revenue GrowthIn our previous article we established the monetary value and financial leverage available for business owners, more specifically registered brand owners, through the hypotec/pledging route...South AfricaIntellectual PropertyBarnard Inc.
ArticleFee Shake-Ups And Duty DropsThe South African property market received two pieces of news this year that every buyer, seller and estate agent should know about. First, the South African Revenue Service (SARS) pushed the transfer-duty...South AfricaReal Estate and ConstructionBarnard Inc.
ArticleThe Role Of Disclaimers In Trade Mark Applications In South AfricaIn South Africa, the Trade Marks Act 194 of 1993 provides the legal framework for the registration and protection of trade marks.South AfricaIntellectual PropertyBarnard Inc.