If you trade in a public company’s shares, bonds or other securities (on the JSE for example) be careful of our “market abuse” rules. They are wide enough that you could fall foul of them inadvertently, and as the penalties…
Demolish or go to jail: Property developer in the doghouse
An extract from judgment in EThekwini Municipality v Bhardwaj (3135/2015) [2015] ZAKZDHC 80, which is available here: SAFLII “….. a lenient approach ….. would also lead to an open invitation to members of the public to follow the course adopted…
Redflag provisions in the South African Arbitration Act may hinder swift and efficient arbitrations
In recent years there has been increased reliance on use of arbitration to resolve commercial disputes. The hallmark of arbitration is that it enables the parties to a dispute to determine the manner in which the parties will attempt to…
Love knows no borders – or does it?
As anyone who has planned a wedding will tell you, “location” is one of the more important factors to consider. While it is tempting to look outside of South Africa’s borders for a setting that is perfect for your special day, one…
Beasterizers Football Club, University of Cape Town
For the past year Ashersons Attorneys have had the pleasure of sponsoring the notorious Bravehearts football team, also known as “The Beasterizers FC”, a soccer team made up of students from the University of Cape Town (UCT). The Beasterizers have concluded the…
Enough is enough: The Supreme Court comes to the aid of the vulnerable women
On 2 October 2015, the Supreme Court of Appeal (SCA) handed down judgment in favour of Ms Naidoo (the appellant in the matter), holding the Minister of Police (among others) vicariously liable for the acts of certain members of the…
Eke v Parsons: On the Effect of Settlement Agreements made Orders of Court
On 29 September 2015 the Constitutional Court handed down judgment in the matter of Eke v Parsons 2015 ZACC 30, which was taken on appeal from the Eastern Cape Division of the High Court. The facts in the matter were…
No money to sue? Consider Contingency Fees
If you think you have a good legal case but can’t afford to pursue it, the Contingency Fees Act may have some good news for you. In an attempt to provide access to justice for all, it allows attorneys and…
Employers: Is your zero tolerance policy enforceable?
A recent Labour Appeal Court (LAC) judgment demystifies the issues surrounding how far an employer can go to protect itself from employee misconduct with “zero tolerance” policies. The supermarket, the supervisor, and the undeclared deodorant A supermarket chain, attempting to…
In the Wings – New ways to chase Maintenance Defaulters
The latest amendments to the Maintenance Act, which was adopted on the 9th of September, will have maintenance defaulters clutching at straws. The amendment is aimed at making it easier to enforce payment of arrear debts. Of particular significance is…