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

Temporary employment laws in South Africa

A client asked: “Can my employee keep me on as a temporary employee, indefinitely, and dismiss me whenever it feels like it?” Regarding temporary employment contracts, our Labour Relations Act (LRA) provides that: If a company employs a person for longer than three months, he or she would be ‘deemed’ to be an ‘indefinite period employee’… Continue Reading

Prohibition of transferring agricultural holding in undivided shares

Source: Allen West Agricultural holding” is defined in the Agricultural Holdings (Transvaal) Registration Act, 22 of 1919 (hereinafter referred to as the Agricultural Holdings Registration Act), as land of which the use is determined, and it is not smaller than 1 morgen (8565 square meters).  The title deed conditions in respect of agricultural holdings, in most… Continue Reading

POPI – registration of Information Officers and developing Codes of Conduct

In terms of the Protection of Personal Information Act, 2013 (“POPIA”), the Information Regulator in South Africa (“Regulator”) requires the appointment and registration of an Information Officer and compliance with the Regulator’s codes of conduct,   The Regulator, in her notice of 22 February 2021, indicated these effective dates: Regulation 5 (Application for Code of Conduct)… Continue Reading

POPIA: registration of Information Officers and Deputy Information Officers

The Information Regulator established under the Protection of Personal Information Act, 2013 (“POPIA”) published a Guidance Note for the registration of Information Officers (“IOs”) and Deputy Information Officers (“DIOs”) urging companies to use its online portal for registration of IOs and DIOs. This portal will be available from 1 May 2021, Once registered, the contact… Continue Reading

South African Law Blogs


South African Law Blogs
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