Enforcement of Foreign Judgments

  Source: Herbert Smith Freehills LLP   Which domestic laws and regulations govern the recognition and enforcement of foreign judgments in your jurisdiction? The enforcement of foreign judgments in South Africa is governed by: the Enforcement of Foreign Civil Judgments Act (32/1998) (EFCJ); and the common law.   The EFCJ applies only to judgments handed… Continue Reading

Contract Non-Variation Clause

Is cancellation of a contract by email valid? The tenant of leased premises purported to cancel a lease through the exchange of emails. A non-variation clause in a lease required that cancellation be in writing and signed by parties. Then landlord sought and was granted an interdict by the High Court in that the emails… Continue Reading

Can a hotel guest sue for an injured ankle?

A guest slipped and fell in a hotel bathroom and injured his ankle. The court, in Klassen v Blue Lagoon Hotel and Conference Centre had to decide if the hotel was negligent and had to pay the guest damages. The defendant disputed liability, alleging that the plaintiff was drunk at the relevant time. It also… Continue Reading

The Registered Office of a Company

Change the registered office of your company! As a result of recent High Court decision, it will no longer be possible for a company to use an address chosen for convenience (e.g. of its auditors) as its registered address. Company management should ensure that CIPC’s records reflect the company’s registered office as the address of… Continue Reading

Boilerplate arbitration clauses

Does your clause cover what you want it to cover? In the case of North East Finance (Pty) Ltd vs Standard Bank of South Africa Ltd 2013 (5) SA 1(SCA) the Supreme Court of Appeal (SCA) made it clear that where an agreement has been brought about under fraudulent circumstances, and is therefore invalid, a… Continue Reading

Contracts in restraint of trade – the law

An agreement in restraint of trade is prima facie enforceable. The onus rests in the party seeking to avoid a restraint clause to prove that it is contrary to public policy. The approach to restraints of trade is neatly summarised by Malan AJA in Reddy v Siemens Telecommunication, as follows: A court must make a… Continue Reading

Naming and Shaming on social media

Beware of publishing a post on Facebook or Twitter and other social media platforms, listing the name of a person (or company) that has committed some alleged transgression, to single them out for individual blame and censure. What does our law say about, e.g., outing sex offenders and paedophiles, in a post? You ‘defame’ someone when… Continue Reading

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