The Requirements for a Universal Partnership

Click here to view/download the case PDF In South African law, there is no such thing as a common-law marriage, no matter how long a couple may live together. Their cohabitation does not create any automatic legal rights and duties between them. This is a common misunderstanding. A widely-used definition describes “domestic partners” as “two… Continue Reading

Why SME’s need contracts.

Just like a person avoids drafting a will (because it’s a concession to mortality), some business owners avoid concluding contracts (with employees, suppliers, freelancers, etc.) because they think this is negative and anticipates problems. Properly drafted contracts do not create problems — they solve them. Written agreements are essential for a good working relationships with… Continue Reading

Noise – Know Your Rights As A Neighbour

Shakespeare said in The Tempest (2:2), “Misery acquaints a man with strange bedfellows.” When we live side by side in high density complexes it’s inevitable that you will encounter neighbours that are unpleasant and make your life miserable by barking dogs, loud music, arguing and shouting, swearing, banging doors or drilling. South African law distinguishes… Continue Reading

Concourt takes compassionate approach to people who enter country unlawfully

Concourt takes compassionate approach to people who enter country unlawfully

17 January 2019   By Ohene Yaw Ampofo-Anti © 2019 GroundUp.  This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. Asylum delayed is not (necessarily) asylum denied The Constitutional Court has ruled that if you delay applying for asylum, you don’t lose your right to do so. Archive photo: Ashraf Hendricks If a foreign national… Continue Reading

Some RICA provisions found to be unconstitutional

In the recent Pretoria High Court case of AMABHUNGANE CENTRE FOR INVESTIGATIVE JOURNALISM NPC Judge Sutherland had to consider two discrete questions:- The first is a challenge to the constitutionality of several provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) which statute permits the… Continue Reading

Understanding an Employee’s Right to Privacy

Understanding an Employee’s Right to Privacy

Whether you are an employer or you work for one, understanding an employee’s rights to privacy is important. This will help you to foster a working environment that is characterised by mutual respect, will improve moral, and will also allow you to avoid any unwanted legal complications between you and your employees. If you are… Continue Reading

Frequently Asked Questions on Defamation

Frequently Asked Questions on Defamation What is defamation? Defamation is the creation of false statements concerning either a business or individual that could possibly damage that person or business’s reputation. Once the false statement is made and reputation is harmed, there are legal consequences for the individual who made the statement. Defamation can both be… Continue Reading

The Consumer Protection Guide for Lawyers

Written by Nicky Campbell and Stephen Logan. Edited by Roy Bregman The Consumer Protection Act heralds a bold new approach to consumer protection in which the State has levelled the playing field and created an agency, the National Consumer Commission, a regulatory framework which intervenes directly in day to day commercial transactions to ensure compliance… Continue Reading

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