Security for costs Article re individuals

Under what circumstances can a Defendant approach a court for an order for security for costs? By Dean Brainin, candidate attorney. Supervised by Roy Bregman. The Rules of the High Court and the Magistrates’ Court allow a Defendant to apply to Court to compel a Plaintiff to provide security for costs, in limited circumstances. The… Continue Reading

Freedom of testation and our Constitution

Freedom of testation and our Constitution A will drafted in 1902 created a fideicommissum for three generations. The first generation of heirs included the testator’s children, both sons and daughters.  However, the fiduciaries and eventual fideicommissaries were limited to the male descendants in each generation from the second generation.  In King v De Jager; 2021… Continue Reading

Security for Costs Article – Companies

Under what circumstances can a Defendant request a Plaintiff Company or Close Corporation to furnish security for costs?  By Dean Brainin (Candidate Attorney) and Roy Bregman. Section 13 of the Companies Act 61 of 1973 (the old Act) and Section 8 of the Close Corporations Act 69 of 1984 (the CC Act), entitle a Defendant… Continue Reading

Vaccination Policies

South Africa: Guidance issued on mandatory vaccination policies for the workplace Source Baker Mackenzie In brief On 11 June 2021, the Department of Employment and Labour in South Africa issued guidance on vaccination policies in the workplace, in the form of the amendment to the Consolidated Direction on Occupational Health and Safety Measures in Certain… Continue Reading

Amending my will

A client has recently had a baby and asked me how she goes about changing her will. A will ensures that the person that winds up your estate distributes your assets to named beneficiaries after you pass, according to your wishes. If there are changed circumstances such as the birth of a child or the… Continue Reading

Restraints of Trade

What is a contract in restraint of trade? No legislation or regulation gives an employer a right to this type of protection, and any restraint must be in writing. A restraint is a clause in an employment contract that provides that when an employee resigns, or his contract ends, he may not perform work at… Continue Reading

Are you plagued by spam text messages?

You can do something about the many uninvited SMS’s you receive on your phone from direct marketers. Our Constitution respects your right to privacy. In addition, the Consumer Protection Act and the Protection of Personal Information Act contain specific provisions regulating direct marketing and your right to privacy. The Wireless Application Service Providers’ Association (WASPA)… Continue Reading

Spillage Cases

Slip and fall A client asked if she could sue the supermarket when she slipped on a wet floor and injured herself. Our case law has often dealt with so-called “slip and fall” or “spillage” matters where an injured party sues the owner or tenant of premises for monetary compensation for injuries suffered.  The following… Continue Reading

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