NEWS & MEDIA

(featured article)

BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

In a landmark decision, South Africa's Constitutional Court upheld the Gauteng High Court ruling, in the case of “VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER [2023] ZACC 21”, that Section 40 of the Children's Act is unjustifiably discriminatory based on marital status and sexual orientation. This decision stems from a court bid initiated by a lesbian couple, highlighting the Act's inequity in granting parental responsibilities and rights to children conceived through in vitro fertilization (IVF). The judicial challenge drew attention to the Act's exclusion of "permanent life partner" in favor of "spouse" and "husband," which disadvantaged unmarried couples.

ANTON PILLER ORDERS

An Anton Piller Order is an order sought by way of an urgent ex parte application for immediate relief by an applicant who suspects that notifying the respondent will have the effect of affording the respondent time to either hide or destroy evidence which the Applicant requires in anticipated litigation. The aim of the order is the preservation of specific evidence.

THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

Biodiversity offsetting is a conservation strategy that aims to compensate for the negative impacts of development projects on biodiversity by creating or restoring ecosystems elsewhere. It involves calculating the ecological value of an area that will be disturbed or destroyed due to human activities, such as construction, mining, or infrastructure development, and then creating or enhancing similar habitats in other locations to counterbalance the loss.

THE DUTY OF DISCLOSURE – WHEN DEFECTS COME BACK TO HAUNT YOU

A seller, in terms of the Property Practitioners Act, Act 22 of 2019, (the Act) per section 67, has a duty to disclose all defects in the property. It’s a rather broad statement and leads one to ask what if they were not aware of certain defects? An example of such would be subduction of earth under the foundation after heavy rains leading to damage to the property due to the foundation being compromised. This would not be considered under the purview of the act as it is not a patent defect… a defect that is so obvious and visible that it must be disclosed. It could be a latent defect that the seller was not aware of, and only became apparent because of the weather.

BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

The City of Cape Town’s Integrated Waste Management By-Law makes it possible for the City of Cape Town to clean up private properties at the owner’s expense.

IN DUPLUM RULE AND ITS APPLICATION

The in-duplum rule is a legal principle that regulates the accumulation of interest on a debt. According to this principle, the accrual of interest on a debt will halt when the total accumulated interest reaches the same amount as the outstanding principal debt. This rule originated from the legal case Standard Bank of SA Ltd vs. Oneate Investment (Pty) Ltd 1995 (4) SA 510.

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

Companies facing financial distress suffer from rapidly growing tax liabilities, increase in debt, lack of cash flow, and a breach of contracts. Financial distress should cause a business to consider business rescue before its effects become irreversible, which could lead to the company's liquidation.

IN DUPLUM RULE AND ITS APPLICATION

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

Often times, documents need to be signed or legalised for use within South Africa or for use abroad.

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

Should the franchisor evaluate their franchising documents for compliancy?

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

On 28 April 2023 the Supreme Court of Appeal delivered a reportable Judgment in the matter of Louis N O and Others v Fenwick N O and Others which dealt primarily with the consequences of when a binding offer in terms of section 153(1)(b)(iii) of the Companies Act 71 of 2008 (“the Act”) is rejected, and the interpretation of how this affects s153(4) of the Act.

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

To some, becoming a ‘director’ is a career achievement but often is not taken with the gravitas that it should. Sitting on a company board as a director may be viewed for some as a golden ticket to picking up a large remuneration without doing too much work and more importantly not understanding the duties and responsibilities attached to that ‘directorship’.

How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

Legal proceedings involve various critical components, two of which are particularly noteworthy: Domicilium and Jurisdiction.

FROM THE VIEWPOINT OF OLIVIA PEROTTI

I've proudly served as a Consultant Attorney at Thomson Wilks since 2018, with a primary focus on Family and Immigration Law. While my specialization lies in immigration law, I often encounter cases with a family law dimension. My ultimate goal is to help my clients navigate the legal pathway to fulfilling the life they've always envisioned.

THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

Times are changing, and shareholders are now playing a more prominent role in shaping corporate behaviour. Activist shareholders are increasingly pointing out issues including environmental, social, and governance (ESG) considerations.

THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

In 2003, The City of Cape Town enacted a By-Law titled “The Environmental Health By-Law”.

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NEWS & MEDIA

(featured article)

BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

Read more

read more

ANTON PILLER ORDERS

read more

THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

read more

THE DUTY OF DISCLOSURE – WHEN DEFECTS COME BACK TO HAUNT YOU

read more

BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

read more

IN DUPLUM RULE AND ITS APPLICATION

read more

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

read more

IN DUPLUM RULE AND ITS APPLICATION

read more

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

read more

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

read more

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

read more

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

read more

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

read more

How to handle employees claims of contracting COVID-19 and their subsequent absence

read more

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

read more

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

read more

Fake news in the era of COVID-19

read more

BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

read more

DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

read more

FROM THE VIEWPOINT OF OLIVIA PEROTTI

read more

THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

read more

THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

read more

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

read more

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