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  • Article

    Lease: Damages

    A 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 Construction
    Routledge Modise
    Routledge Modise
  • Article

    State 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 HR
    Routledge Modise
    Routledge Modise
  • Article

    Auditing: Negligence

    The risks auditors face, have increased substantially in the last few years and continue to do so.
    South AfricaAccounting and Audit
    Routledge Modise
    Routledge Modise
  • Article

    Insurance: Insurable Interest

    A 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 permit
    South AfricaInsurance
    Routledge Modise
    Routledge Modise
  • Article

    High Court: Litigation

    There are two ways of litigating in the High Court; by summons or by application.
    South AfricaLitigation, Mediation & Arbitration
    Routledge Modise
    Routledge Modise
  • Article

    Consequences Of Liberating The Limitation

    On 17 August 2011 the Draft Road Accident Fund Amendment Bill, 2011, was published for comment.
    South AfricaLitigation, Mediation & Arbitration
    Routledge Modise
    Routledge Modise
  • Article

    South African Courts — The Continuing Trend In Business Rescue Judgments

    In 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-Structuring
    Routledge Modise
    Routledge Modise
  • Article

    To 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 & Arbitration
    Routledge Modise
    Routledge Modise
  • Article

    General Damages ....In General

    General damages is the broad term given to non-pecuniary loss such as pain and suffering, loss of amenities, emotional harm, etc.
    South AfricaLitigation, Mediation & Arbitration
    Routledge Modise
    Routledge Modise
  • Article

    Know Your Rights About UIF

    The purpose of the Unemployment Insurance Act 63 of 2001 is to provide financial assistance to employees who find themselves jobless.
    South AfricaEmployment and HR
    Routledge Modise
    Routledge Modise
  • Article

    "Strictly" Speaking

    To be held "strictly liable", what exactly does this mean?
    South AfricaConsumer Protection
    Routledge Modise
    Routledge Modise
  • Article

    Suretyships And Business Rescue

    When 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-Structuring
    Routledge Modise
    Routledge Modise
  • Article

    Business As Usual For Close Corporations

    One 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 Law
    Routledge Modise
    Routledge Modise
  • Article

    Expert Evidence

    It has been argued that there are issues which simply cannot be decided without expert guidance.
    South AfricaLitigation, Mediation & Arbitration
    Routledge Modise
    Routledge Modise
  • Article

    SA Opt-Out, EU Opt-In

    On 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 Protection
    Routledge Modise
    Routledge Modise
  • Article

    Compensation Possible For Unfair Dismissal

    The 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 HR
    Routledge Modise
    Routledge Modise
  • Article

    Reviewing The Debt Review Process

    During 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 Protection
    Routledge Modise
    Routledge Modise
  • Article

    Application Of Voetstoets Principle And The CPA To Sale Of Assets By Liquidators

    This 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 Law
    Routledge Modise
    Routledge Modise
  • Article

    It Is Not Compulsory For An Employer To Pay A 13th Cheque To Its Employees

    As 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 HR
    Routledge Modise
    Routledge Modise
  • Article

    Payment Of Bonuses Not Guaranteed

    Apart 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 HR
    Routledge Modise
    Routledge Modise

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