Articles
NEWS ITEM
The Rotten Apple At Work – Intolerable Employees
The Rotten Apple At Work – Intolerable Employees Employment relationships in South Africa are perceived as difficult at the best of times. If things go “pear shaped” and a disciplinary hearing follows suit, many employers assume that once an act of grave...
JURISDICTION OF THE COURT
A recent judgment in Eco Trades (Pty) Ltd v Trustees of the Pauw and Pavonia Trusts provides some insight when considering jurisdiction in bringing matters before the court. The matter was an application for vindicatory relief by way of motion proceedings. ...
Understanding Fairness In Contract Agreements: The Role Of Good Faith
Introduction In the realm of South African contract agreements, a pivotal element at play is the concept of good faith. It's not just legal terminology; it represents a fundamental value shaping the interpretation and enforcement of contracts. This article takes a...
Navigating Force Majeure in South African Contracts
Introduction Force majeure is a contract clause that frees both parties from liability or obligation when an extraordinary event or circumstance is beyond the parties' control. Examples of these events can be a war, strike, riot,...
Liquidations – Knowing & Taking the Correct Steps Prove Critical
Introduction Liquidations are stressful situations, especially for creditors who await payment of their claims. In a recent matter (ie Mantis Investments Holdings v De Jager N O (696/2022) [2023] ZASCA 134) this long and tedious process was further complicated by the...
Understanding Securities Registration and Transfer in South Africa
In South Africa, the registration and transfer of securities play a crucial role in the functioning of companies and the broader financial market. Governed by specific provisions outlined in the Companies Act, as well as the Financial Markets Act of 2012, the process...
The Enforcement of Foreign Judgments
The implementation of foreign judgments in South Africa is regulated by two main authorities: the Enforcement of Foreign Civil Judgments Act (32/1998) (EFCJ) and common law principles. Enforcement of Foreign Civil Judgments Act: Under the EFCJ, applicable only to...
Understanding Permanent vs Fixed Term Employment Contracts
Introduction Fixed term contracts play a significant role in the employment landscape, providing flexibility to both employers and employees. However, issues surrounding the expectations of permanent employment in the context of fixed term employment contracts have...
The Judicial Regulation of the Enforcement of Contractual Terms
Introduction The Constitutional Court (CC) revisited its stance on the judicial enforcement of contractual terms in the Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CC) case, to clarify its position post the Barkhuizen v...
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