NEWS & MEDIA

(featured article)

Medical Negligence: A Doctor’s Right to Decline Private Patients

A recent High Court ruling (Welkovics v Health Professional Council of South Africa (A274/2024) [2025]) has clarified that doctors are not legally or ethically obligated to accept every private patient seeking care particularly where no immediate medical emergency exists.

HIGH COURT RULES NO LOAD-SHEDDING FOR EDUCATION, HEALTH AND POLICING FACILITIES

On 5 May 2023, a full bench of three judges in the High Court of South Africa, Gauteng Division, Pretoria (“the Court”) ordered that the Minister of Public Enterprises (“the Minister”) shall take all reasonable steps, within 60 days from the date of the court order, to ensure that all public health establishments, public schools and the South African public service and police stations are no longer affected by load-shedding.Loadshedding is the process used by Eskom (South Africa’s electricity provider) to cut off the supply of electricity to alternating areas of the country on a scheduled and rotational basis. The aim is to protect the integrity of the collapsing energy grid. Load-shedding has plagued South Africa for the last 15 years and it only seems to be getting worse over time.

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right in law to occupy such land.’A lack of consent from the landlord can occur when the landlord has cancelled or withdrawn his/her consent which had been previously given to an occupier to stay on his/her property (due to, for example, the non-payment of rental obligations or any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.

"TIME'S UP! UNDERSTANDING SOUTH AFRICA'S PRESCRIPTION LAWS BEFORE IT"S TOO LATE"

The law of prescription in South Africa is governed by the Prescription Act, which came into operation on 11 August 1969. The Act governs the extinction of debts, claims, and rights after a specified length of time. In other words, it establishes a time limit during which a person must exercise their rights, failing which the right is permanently lost.The Prescription Act distinguishes between two sorts of prescriptions: extinctive and acquisitive. Extinctive prescription refers to the loss of the right to claim a debt or enforce a right, whereas acquisitive prescription refers to the acquisition of ownership or other real rights in property (after 30 years of continuous possession).

CIPC announces compulsory UBO register for South Africa

The Companies and Intellectual Property Commission (CIPC) plays a crucial role in maintaining the integrity of the South African business environment by ensuring compliance with relevant laws and regulations. On 25 February 2023, the CIPC announced that it will implement a beneficial ownership (BO) information register, commonly known as the UBO register, from 1 April 2023 . This register will require companies and trusts to disclose information about their ultimate beneficial owners (UBOs).The UBO register contains information about the individuals who ultimately own or control an entity. By identifying and registering UBOs, the CIPC aims to increase transparency around who owns and controls companies in South Africa and to prevent the abuse of corporate vehicles for illegal activities such as money laundering and terrorism financing. The UBO register is not unique to South Africa and is already mandatory in many other countries.

How does the new employment equity bill effect you?

On September 1, 2023, the long-anticipated amendments to the Employment Equity Act of 1998 will take effect in South Africa. The Employment Equity Act applies to all employers and employees who operate in South Africa, except the South African National Defense Force. The primary purpose of the Act is to promote equality and ensure that all employees receive equal opportunities in the workplace. The new Employment Equity Bill seeks to advance transformation of South Africa's workforce by setting equity targets for economic sectors and geographical regions.The Amendment Bill empowers the Minister of Employment and Labour to set employment equity targets for economic sectors and geographic regions. The amended Act allows the Minister to identify national economic sectors for the purposes of the administration of the Act and to determine regional targets given that racial diversity in South Africa often has regional differences. One of the key changes in the Bill is the regulation of unfair discrimination in situations where different employment conditions are applied to employees who do the same or similar work.

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.

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’.

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?

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

Often times, documents need to be signed or legalised for use within South Africa or for use abroad.

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

Companies facing financial distress suffer from rapidly growing tax liabilities, increase in debt, lack of cash flow, and a breach of contracts. Financial distress should cause a business to consider business rescue before its effects become irreversible, which could lead to the company's liquidation.

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...

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.

PSL served with court papers

Watch Bartho van Tonder on eNCA Inside Sport commenting on the legal aspects : “Royal AM cinch promotion but cannot...

Thomson Wilks Attorneys – Ahead of the times and ready to go

Over the last decade law firms have had to adjust in terms of the way they deliver services to their...

Contact

Contact us

NEWS & MEDIA

(featured article)

Medical Negligence: A Doctor’s Right to Decline Private Patients

Read more

read more

HIGH COURT RULES NO LOAD-SHEDDING FOR EDUCATION, HEALTH AND POLICING FACILITIES

read more

LEGALLY EVICT DEFAULTING TENANTS

read more

"TIME'S UP! UNDERSTANDING SOUTH AFRICA'S PRESCRIPTION LAWS BEFORE IT"S TOO LATE"

read more

CIPC announces compulsory UBO register for South Africa

read more

How does the new employment equity bill effect you?

read more

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

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

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

read more

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

read more

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

read more

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

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

Another Accolade for the THOMSON WILKS TEAM

read more

PSL served with court papers

read more

Thomson Wilks Attorneys – Ahead of the times and ready to go

read more

Contact

SANDTON

CAPE TOWN

DURBAN

DUBAI

GET

in

tOUch

OUR OFFICES

make a payment

Pay with

Pay with EFT

Pay with

(coming soon)

We are proudly helping to build

THE NEXT GENERATION OF LAWYERS