.png)
On 18 August 2025, the Minister of Employment and Labour signalled an intention to withdraw the 24 December 2003 ministerial determination that has, until now, excluded funds regulated by the Pension Funds Act, 1956 (PFA) from the BCEA time periods in section 34A of the Basic Conditions of Employment Act (BCEA). Interested parties have 30 days to submit written representations, by 17 September 2025, to unathiramabulana@labour.gov.za.
Franchise law is specialised because we have an Act called the ConsumerProtection Act (CPA) and an attorney who deals in franchising wouldneed to understand how the provisions of the CPA are applicable to thefranchise agreement and disclosure document (the franchise documents). Whenan attorney prepares a franchise agreement, it has to comply with the CPA. Inaddition, the CPA has regulations that set out the information that needs to beinserted in a franchise agreement. I am of the opinion that if a franchise agreement does not comply with theCPA, the franchisee may resile from the franchise agreement i.e., elect toterminate the franchise agreement. Your franchise agreement is a legal documentthat contains all the obligations of the franchisee and the franchisor, whichmust also reflect the costs that a franchisee is to incur in establishing thefranchised business. In other words, there must be no hidden costs.
Home affairs has of late ramped up its investigation into all companies that employ foreigners. Inspectors enter companies and ask for a list of all employees and their proof of identification. All foreign employees are then required to provide their valid visas or asylum documents.
When companies are confronted with defamatory remarks online, they have rights and recourse. Defamatory remarks posted online can taint a company's reputation and credibility. With the increased reliance on information found on the internet in modern society, it is essential to monitor online references to the company.
Contentious divorces can become particularly complicated when there are minor children involved. The appointment of a parenting co-ordinator in these circumstances becomes appropriate. A Court has the power to appoint a professional to assist and/or direct parents in resolving child-related disputes where there is an inability to make joint parenting decisions. In practice, parenting co-ordinators are most often psychologists, social workers, mediators, family law attorneys or retired judges.
On 28 April 2023 the Supreme Court of Appeal delivered a reportable Judgment in the matter of Louis N O and Others v Fenwick N O and Others which dealt primarily with the consequences of when a binding offer in terms of section 153(1)(b)(iii) of the Companies Act 71 of 2008 (“the Act”) is rejected, and the interpretation of how this affects s153(4) of the Act.
