Articles
NEWS ITEM
Rule 43 Maintenance Orders cannot be Appealed – is this Constitutional?
Introduction Rule 43 of the High Court rules provides a mechanism for a litigant in divorce proceedings to approach the court for an order granting them an interim child and/or spousal maintenance pending finalization of the divorce. It is well established that these...
Debt Relief – The Consequences of the National Credit Amendment Act
President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is aimed at providing relief to over-indebted consumers. The Act has prompted consternation from bodies such as the Banking Association South Africa raising their...
Effect of the Restraint of Trade in Your Employment Contract
Introduction The provision for restraint of trade clauses may seem simple and employees may be tempted to agree to it when newly employed. However, the effect of the clause is far-reaching and employees must be aware that they are presumed to be familiar with the...
Subrogation
Introduction In the area of insurance law, the doctrine of subrogation can be best described as an insurer claiming against a third party for an insured loss suffered by an insured person. The claim against the third party would be on behalf of the insured and not in...
Piercing the Corporate Veil – What is it and when can it happen?
Introduction In order to explore the practical application of the piercing of the corporate veil, we need to unpack the nature of the surrounding environment – the company, first. A company can be described as a juristic person that enjoys a separate legal...
Traveling with Minors: What are your rights?
What happens in the case of parents that wish to emigrate or travel with their minor child without the other parent? Do you need consent from the other parent? If they do not consent, what legal recourse do you have? Introduction In 2015 regulations pertaining to...
Curbing Abuse of the Sick Leave System
Introduction It is no secret that the abuse of the Sick Leave System by Employees has had devastating economic effects and management challenges on companies. Without Employees being present at work, many businesses cannot function, and in those instances, Employers...
Is any dispute referable to Arbitration?
Introduction As attorneys, we often include dispute resolution provisions in the agreements we draft for our clients. In many instances, alternative dispute resolution is a powerful way in which to resolve an array of different disputes. Advantages include: the...
What is business rescue?
Introduction As businesses frequently encounter more and more financial difficulties, business rescue has become an increasingly more frequent occurrence. However, it is essential to understand the nature of business rescue and the implications thereof. This article...
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