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Restraint of trade agreements: Does an employer waive its restraints when dismissing an employee?
On 27 October 2025, the Labour Appeal Court (“LAC”) gave reasons for why it enforced a restraint of trade agreement on 30 July 2025, in the matter of Backsports (Pty) Limited v Motlhanke and Another (JA2025/091548) 2025 ZALAC 50 (27 October 2025).
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The in-duplum rule is a legal principle that regulates the accumulation of interest on a debt. According to this principle, the accrual of interest on a debt will halt when the total accumulated interest reaches the same amount as the outstanding principal debt. This rule originated from the legal case Standard Bank of SA Ltd vs. Oneate Investment (Pty) Ltd 1995 (4) SA 510.
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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.
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I've proudly served as a Consultant Attorney at Thomson Wilks since 2018, with a primary focus on Family and Immigration Law. While my specialization lies in immigration law, I often encounter cases with a family law dimension. My ultimate goal is to help my clients navigate the legal pathway to fulfilling the life they've always envisioned.
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Legal proceedings involve various critical components, two of which are particularly noteworthy: Domicilium and Jurisdiction.
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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’.
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In a landmark decision, South Africa's Constitutional Court upheld the Gauteng High Court ruling, in the case of “VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER [2023] ZACC 21”, that Section 40 of the Children's Act is unjustifiably discriminatory based on marital status and sexual orientation. This decision stems from a court bid initiated by a lesbian couple, highlighting the Act's inequity in granting parental responsibilities and rights to children conceived through in vitro fertilization (IVF). The judicial challenge drew attention to the Act's exclusion of "permanent life partner" in favor of "spouse" and "husband," which disadvantaged unmarried couples.
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