ArticleLease: DamagesA tenant who remains in occupation of a property despite cancellation of the lease is said to be "holding over" and is liable to the lessor for damages.South AfricaReal Estate and ConstructionRoutledge Modise
ArticleState Employees: Who Pays?The SCA found that the chairperson of the Gauteng Gambling Board had resorted to a stratagem of employing power of regulation for an ulterior purpose.South AfricaEmployment and HRRoutledge Modise
ArticleAuditing: NegligenceThe risks auditors face, have increased substantially in the last few years and continue to do so. South AfricaAccounting and AuditRoutledge Modise
ArticleInsurance: Insurable InterestA company effected an insurance policy over a ship, premised on the fact that it was the sole shareholder of the owner and that in terms of an ancillary agreement it was to be vested with its ownership and therefore had the right of use of the ship in respect of which it held a fishing permitSouth AfricaInsuranceRoutledge Modise
ArticleHigh Court: LitigationThere are two ways of litigating in the High Court; by summons or by application.South AfricaLitigation, Mediation & ArbitrationRoutledge Modise
ArticleConsequences Of Liberating The LimitationOn 17 August 2011 the Draft Road Accident Fund Amendment Bill, 2011, was published for comment.South AfricaLitigation, Mediation & ArbitrationRoutledge Modise
ArticleSouth African Courts — The Continuing Trend In Business Rescue JudgmentsIn a previous article, I commented on the trend in South African courts that the judges are saying that there must be a detailed, proposed business rescue plan before any application for business rescue will be granted.South AfricaInsolvency/Bankruptcy/Re-StructuringRoutledge Modise
ArticleTo Sue In Contract Or In Delict?There has been a longstanding debate in South African law on whether to sue in contract or delict when dealing with professional negligence matters.South AfricaLitigation, Mediation & ArbitrationRoutledge Modise
ArticleGeneral Damages ....In GeneralGeneral damages is the broad term given to non-pecuniary loss such as pain and suffering, loss of amenities, emotional harm, etc. South AfricaLitigation, Mediation & ArbitrationRoutledge Modise
ArticleKnow Your Rights About UIFThe purpose of the Unemployment Insurance Act 63 of 2001 is to provide financial assistance to employees who find themselves jobless. South AfricaEmployment and HRRoutledge Modise
Article"Strictly" SpeakingTo be held "strictly liable", what exactly does this mean?South AfricaConsumer ProtectionRoutledge Modise
ArticleSuretyships And Business RescueWhen a company is placed under business rescue, the question arises as to the enforceability of a suretyship given for the debts of or by the company.South AfricaInsolvency/Bankruptcy/Re-StructuringRoutledge Modise
ArticleBusiness As Usual For Close CorporationsOne of the main objectives of the new Companies Act is to promote the development of the South African economy by simplifying the formation and maintenance of a company.South AfricaCorporate/Commercial LawRoutledge Modise
ArticleExpert EvidenceIt has been argued that there are issues which simply cannot be decided without expert guidance.South AfricaLitigation, Mediation & ArbitrationRoutledge Modise
ArticleSA Opt-Out, EU Opt-InOn 10 October 2011, the European Union (EU) tightened its policies protecting consumer rights. On 10 October 2011, the European Union (EU) tightened its policies protecting consumer rights. South AfricaConsumer ProtectionRoutledge Modise
ArticleCompensation Possible For Unfair DismissalThe Labour Relations Act sets out limitations to the amount of compensation an employee can receive for being unfairly dismissed or for being the victim of an unfair labour practice.South AfricaEmployment and HRRoutledge Modise
ArticleReviewing The Debt Review ProcessDuring 2010 the National Credit Regulator together with various stakeholders in the credit industry, appointed a task team particularly to investigate the debt review process and to consider and formulate proposals to address problems identified in the debt counselling process pursuant to that investigation.South AfricaConsumer ProtectionRoutledge Modise
ArticleApplication Of Voetstoets Principle And The CPA To Sale Of Assets By LiquidatorsThis article considers the application of the voetstoets principle under the law of insolvency, particularly in the light of the Consumer Protection Act 68 of 2008 (CPA).South AfricaCorporate/Commercial LawRoutledge Modise
ArticleIt Is Not Compulsory For An Employer To Pay A 13th Cheque To Its EmployeesAs the year comes to an end, many employees will be expecting payment of a 13th cheque or Christmas bonus from their employer. South AfricaEmployment and HRRoutledge Modise
ArticlePayment Of Bonuses Not GuaranteedApart from looking forward to a long break, most employees are excited about receiving bonuses. But what is a bonus? Is every employee in South Africa entitled to receiving a bonus? What happens when your employer does not pay you a bonus?South AfricaEmployment and HRRoutledge Modise