How important is the title of a contract?

It is important to note that the effect of a contract does not depend on the name given to it. Many people assume that the tittle of the contract will determine the relationship between the parties however it depends on the manner in which the contract is drawn.

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Vets are out and auditors and engineers are in!

Massive changes afoot for critical skilled workers list in South Africa… Recent updates to immigration law in South Africa has seen massive changes to the critical skills list – this now includes a focus on Information Technology Sector, Accounting and Auditing Sectors and Engineering Fields.

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Your right to housing - Section 26(3) of the Constitution.

Section 26(3) of the Constitution provides that no one may be evicted from their home, or have their home demolished, without an order of court, which can only be made after considering all the relevant circumstances.The Supreme Court of Appeal (SCA), in City of Cape Town v Commando and others, recently had occasion to consider the constitutional duty of a municipality to provide temporary emergency housing, specifically whether the constitutional obligation extended to making temporary emergency accommodation available at a specific location.

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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.

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THREE METHODS OF AMENDING A TRUST DEED

In a nutshell, there are three main ways in which a trust deed may be amended.The first method is by signing an amendment agreement. The option is possible if the trust's founder is still alive since the founder will need to sign the amendment agreement with the trustees.Any beneficiaries who have derived a benefit from the trust must also sign the agreement since the amendment may have a bearing on their future position vis-a-vis the trust and whether or not they may receive any further benefit therefrom. This is the position that was confirmed in the case of Ferreira and Another v Van der Merwe N.O and Others [2019] ZAECPEHC 39

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Thomson Wilks Incorporated to donate 5% of its revenue to the Solidarity Fund

Thomson Wilks is a full-service law firm with offices in each of the major commercial centres. We may have an...

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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?

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

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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.

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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...

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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...

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Wills Week: Your Will, Your Children, Your Business. Make It Valid

A valid will is how you make sure the right people inherit, your children are cared for by the right adults, and (if you own a business) the company isn’t thrown into chaos.

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Issuing of the new Code of Good Practice: Dismissal

The new Code of Good Practice on Dismissal was issued today. It comes into effect immediately. The new code repeals and replaces the previous Code of Good Practice for Dismissal (Schedule 8 to the LRA), as well as the separately published Code of Good Practice Based on Operational Requirements.

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A Cautionary Tale for Month-To-Month Tenants Seeking Interdicts

In a judgment handed down on 25 August 2025, the Gauteng High Court dismissed an urgent application by Health-Worx Medical Centres (Pty) Ltd (“the Applicant”) to preserve its occupation of premises at Randridge Mall.

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Franchise Disputes and Section 18: When ‘Interim’ Orders have Final Effect

The Western Cape High Court’s decision in Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees 2024 (4) SA 141 (WCC) marked a significant development in the evolving interpretation of Section 18 of the Superior Courts Act 10 of 2013, particularly in the context of execution of orders pending appeal.

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Gauteng High Court orders Immediate Cancer Treatment Amid Deadly Backlog

In a landmark ruling, the Gauteng High Court (Johannesburg) has ordered the provincial Department of Health to immediately provide treatment to patients on a long-standing backlog list of cancer patients awaiting radiation oncology services in Gauteng, some of whom have tragically died while waiting.

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The Costliest Saving in the Boardroom: Why Replacing your General Counsel is a Governance Risk

A UK colleague, Jayne McGlynn (Strategic Corporate Partner, M&A at DWF), recently described a “quiet crisis”: experienced GCs being “restructured” out and replaced by contract lawyers, junior leaders or “AI-powered” alternatives.

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