Legal Articles

Mandatory Vaccinations in the Workplace - One Last Hurdle

On 7 December 2021 the South African Minister of Labour, Thulas Nxesi announced at a meeting of the National Economic Development and Labour Council (NEDLAC) that the forum has plans to approach the Constitutional Court to request a declaratory order on, mandatory workplace vaccination as well as reserving the right to declare certain places inaccessible if one is not vaccinated. NEDLAC is a coalesce forum where business, labour and government influence policy.

Deciphering The New Cybercrimes Act 19 Of 2020

There is no doubt that the use of the internet and its technology is growing rapidly in even the most remote parts of the world. With benefits of these advances clear for all to see, so are the challenges and risks that comes with it.

The internet space is not the safest of places - if ever it was.

The Intricancies of Child Custody in South Africa

Many people have come across or at least know homes headed by a single parent. Some amongst us were raised in such homes.

While most may believe that the ideal situation would a family home where both parents are present - side by side taking care of the family, there are several life challenges which often result in this not being realised.

The 8 in Section 8 – Acts of Insolvency

When an entity cannot pay the debts they owe as and when they become due, or where their liabilities exceed their assets, such party is considered insolvent in South African law.

In the latter case this effectively means, even if the party were to liquidate all their assets to settle liabilities, it would still not be enough.

Declaration of insolvency status is done by the Courts.

Does the Consumer Protection Act apply to Estate Agents?

The Consumer Protection Act 68 OF 2008 (CPA) came into effect in 2011 with an aim of ensuring fair, competitive and responsible markets that protect South African consumers as well as to promote ethical business practices. It makes a distinction between suppliers of goods and services on one hand, as well as consumers on the other. This article seeks to implore to what extent the CPA is applicable to Estate Agents.

The Process of Sasria Claims – Brief Guidance

There are indications that not many individuals and entities were aware of SASRIA until only recently after the political riots in some parts of KwaZulu Natal and Gauteng.

The South African Special Risks Insurance Association (SASRIA) is a state-owned company under the National Treasury, listed under 3B of the Public Finance Management Act 1 of 1999, as a non-life insurance company. It provides cover to individuals, businesses and government entities that have assets in South Africa against loss due to special risks that are not normally covered by private insurance companies.

Rights of Tenants and Landlords under the Consumer Protection Act

The Consumer Protection Act 68 of 2008 (CPA) came into effect in 2011, and of particular interest to the brief discussion in this article it came with changes with regards to rental agreements. These changes include rights and obligations pertaining to early cancellation as well as the maximum period for a lease period.

The Community Schemes Ombud Service – Your Questions Answered

Time and again in our work we receive questions with regards to Community Schemes and the Schemes Ombud (CSOS).

In this brief article, we will address a few of the pertinent questions that we receive from some of our clients and members of the public at large.

Cost of Circumventing the CSOS – Heathrow Property Holdings Case

In the event where more than one adjudication forum has concurrent jurisdiction, the Plaintiff is of course at liberty to proceed with the forum of their choice.

For example, where there is a dispute with regards to a contract, the Court under whose jurisdiction such contract was concluded and the Court under whose jurisdiction the Defendant is domiciled, both retain jurisdiction. Under these circumstances the Plaintiff will proceed with either of the two Courts.

What is the CSOS and What does it do?

The Community Scheme Ombud Service (CSOS) is a creature of statute being the Community Schemes Ombud Service Act 9 of 2011 (the Act), which came into force in October 2016.

The CSOS registers and superintends over governance of community schemes which are defined in the Act as Share Block Companies, Homeowners Associations, Housing Schemes for Retired Persons, Housing Cooperatives and Sectional Titles Development Schemes.