NEWS & MEDIA

(featured article)

Legal uncertainty: Can extreme violence render a protected strike unprotected?

All eyes on the Pretoria High Court: The DA’s challenge to the EEA amendments heads to court for hearing on 6 May 2025

On 14 June 2023, the Democratic Alliance (“DA”) launched an application in the Pretoria High Court, challenging some of the most recent amendments to the Employment Equity Act 55 of 1998 (“EEA”), as unconstitutional and invalid.

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

The Franchisor may believe that once a franchise agreement has been signed with the Franchisee and if the agreement contains the pertinent details that they discussed, then it is indisputable. What could possibly go wrong if anything at all.

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

To some, becoming a ‘director’ is a career achievement but often is not taken with the gravitas that it should. Sitting on a company board as a director may be viewed for some as a golden ticket to picking up a large remuneration without doing too much work and more importantly not understanding the duties and responsibilities attached to that ‘directorship’.

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

In 2003, The City of Cape Town enacted a By-Law titled “The Environmental Health By-Law”.

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

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.

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

Should the franchisor evaluate their franchising documents for compliancy?

Ex parte, rule nisi and urgent applications: The Basics

Recently, Thomson Wilks successfully launched an urgent ex parte application in the High Court and a rule nisi court order was granted in our client’s favour. Basic legal terms such as ex parte and rule nisi, as well as what constitutes an “urgent application”, can be confusing for new clients and laymen.EX PARTEThe audi alteram partem principle is an important legal principle which exists in our law. This translates to “let the other side be heard.” In accordance with this principle, a court should never make an order against a person unless that person has received proper notice of the legal relief sought against him and he has been given an opportunity to defend him himself. An “ex parte” application is a departure from this rule and is brought before a court of law without any notice given to the opposing party.

LEGALLY EVICT DEFAULTING TENANTS

The procedure that one is to follow when seeking an order for the eviction of an unlawful occupier is provided for in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”). According to the PIE Act, a person may only be evicted from a property if he/she is an unlawful occupier. A person is an unlawful occupier if that person ‘occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land.’A lack of consent from the landlord can occur when the landlord has cancelled or withdrawn his/her consent which had been previously given to an occupier to stay on his/her property (due to, for example, the non-payment of rental obligations or any other breach of the lease agreement) or if the building in question has been hijacked.

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

Employers have a common law duty to maintain discipline in the workplace. However, this duty does not come without its challenges. An example would be, what do you do where you (the employer) suspect that employees are collectively involved in committing misconduct? How far do you go with the investigations and what should your investigations reveal to ensure that the employer is successful at the CCMA, as well as mitigate further risks.Recently the Labour Appeal Court, in the matter of South African Commercial Catering and Allied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC 8 (14 March 2023), examined this. The matter concerns the dismissal of a group of employees due to shrinkages at their stores over a period of at least three months in 2016.

Refusal to work overtime absent an agreement, can you be dismissed?

Employers often enter into employment relationships with employees with the primary objective of advancing their financial interests. It is the most fundamental and known principle of employment that employees are employed to advance the employer’s financial objectives – put simply, to achieve production. But what happens when the employer refuses to work overtime? Is the agreement entered into at the commencement of the employment relationship sufficient to rely on throughout the course of employment? An employer who dismissed employees for insubordination for refusing to work overtime has recently been ordered to retrospectively reinstate employees with full back pay. This arises after the employees refused to work overtime. The employer relied on their employment agreements which had an overtime clause.This clause has become common that most employers have it almost in all employment agreements and rely on it when employees refuse to work overtime throughout the course of employment.

What’s the deal with Electronic Signatures?

When can an Electronic Signature not be used? In certain instances, the use of electronic signatures is not permitted, these include:1. Contracts regarding the sale of immovable property. The Alienation of Land Act specifically requires that all agreements be signed on paper.2. Rental agreements for the lease of immovable property that are considered long-term (in excess of 20 years).3. The signing of a will or testamentary writing. Wills and codicils (addenda) to wills should be signed as a written document and in the presence of witnesses.4. According to The Bills of Exchange Act of 1964 documents such as cheques and pledges must be signed in writing.

Online Defamation: The appropriate response to a tirade

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.

How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

The Rise of Cybercrime

Cybercrime has grown in prominence in South Africa and around the world. Individuals, corporations, and governments are increasingly vulnerable to cyber threats such as hacking, identity theft, and fraud as technology and the internet become more widely used. Everyone needs to be careful to secure their online assets due to the growing impudence of cybercriminals and the simplicity with which they can conduct their attacks.

BEWARE! Rental scams on the rise

Rental scams are unfortunately on the rise in South Africa, forcing victims to face cataclysmic consequences. A rental scam is when a scammer will pose as a landlord and attempt to obtain money from a potential tenant for a rental property that they are not the lawful owner of. The scammer will often place an advertisement for a property with pictures included and a seemingly legitimate rental agreement. The property itself may be real or fictitious.

SCA’S RECENT RULING IS A GAME CHANGER FOR DIVORCED PARENTS AND MAJOR CHILDREN

Not many individuals are financially independent by the time they attain majority and turn 18 years old. Most 18 year-olds are, in fact, only just commencing their tertiary education and are in no position to support themselves financially. There are several conflicting High Court judgements pertaining to the question of whether or not a parent can claim maintenance for and on behalf of their major children. The recent judgement of Z v Z (556/2021) [2022] ZASCA 113 has resolved this long-standing question of law.

CRYPTO REGULATIONS – DEVELOPMENT IS ONGOING

In a recent article by MoneyWeb, the lack of regulation over cryptocurrency (“crypto”) was brought to light. This is due to the recent crypto crashes which has caused substantial losses to those who have invested in the industry.

Criminally liable? The Boksburg Explosion explained

The 32 year old driver implicated in the horrific Boksburg Explosion on 24 December 2022, was released, and the public was up in arms. The explosion left at least 41 people dead when a fuel tanker carried liquefied petroleum gas failed to safely pass under a railway bridge in Boksburg. The nearby Thambo Memorial Hospital was also damaged and many of its staff, in its carpark were inured.

Another Accolade for the THOMSON WILKS TEAM

Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. We are pleased to have our team members recognised with 5 awards for 2023.

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NEWS & MEDIA

(featured article)

Legal uncertainty: Can extreme violence render a protected strike unprotected?

Read more

read more

All eyes on the Pretoria High Court: The DA’s challenge to the EEA amendments heads to court for hearing on 6 May 2025

read more

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

read more

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

read more

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

read more

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

read more

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

read more

Ex parte, rule nisi and urgent applications: The Basics

read more

LEGALLY EVICT DEFAULTING TENANTS

read more

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

read more

Refusal to work overtime absent an agreement, can you be dismissed?

read more

What’s the deal with Electronic Signatures?

read more

Online Defamation: The appropriate response to a tirade

read more

How to handle employees claims of contracting COVID-19 and their subsequent absence

read more

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

read more

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

read more

Fake news in the era of COVID-19

read more

The Rise of Cybercrime

read more

BEWARE! Rental scams on the rise

read more

SCA’S RECENT RULING IS A GAME CHANGER FOR DIVORCED PARENTS AND MAJOR CHILDREN

read more

CRYPTO REGULATIONS – DEVELOPMENT IS ONGOING

read more

Criminally liable? The Boksburg Explosion explained

read more

Another Accolade for the THOMSON WILKS TEAM

read more

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