+27 21 461 6240 - [email protected] - 34 Plein Street, Cape Town

Rafi Weiner

Rafi WeinerRafi Weiner, a Partner at Ashersons, joined the firm in 1981 after having completed his articles.

Rafi was awarded a B.Proc degree by the University of Cape Town (UCT) in 1980, and in 1992 he completed his LLM also at UCT.

Rafi was admitted as an attorney in both South Africa and Lesotho in 1983, and in 1989 he was admitted as an attorney in Namibia – then South West Africa.

His areas of expertise include Family, Aviation and Administrative Law where he is one of a few attorneys in Cape Town who represent outdoor advertising companies.

He also has extensive experience in Commercial Litigation, where he specialises in Insolvency and Commercial Law. He has more than 30 years’ experience in the drafting and preparation of commercial agreements.

Rafi also has expertise in Criminal Law, particularly with regard to asset forfeiture and commercial and customs fraud.

Recent Articles by Rafi Weiner

A Million Rand Warning: Act When Employees Reach Retirement Age 1 September 2021 - Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy and want to remain engaged and productive. Increasingly, both factors are at play. Regardless, the concepts of an aging workforce and “65 is the […]
Spousal Maintenance After Divorce and the “Clean Break” Principle 5 July 2021 - Our courts always prioritise the interests of children in any marital breakup, and child maintenance orders are accordingly tailored to ensure that both parents honour their obligations to support their children financially – to the extent that each spouse is able to do so, and for so long as is necessary. Spousal maintenance on the […]
The Butcher Who Went to Work With COVID-19 7 June 2021 - The COVID-19 pandemic has exposed both employers and their employees to a whole new slew of risks. One of the more serious is the danger of infected employees coming to work and by doing so endangering the lives of not just their colleagues, but also customers and anyone else unfortunate enough to come into contact […]
Employers: Beware the “Casual Worker” Myth! 13 May 2021 - Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA). Failure to comply with these Acts, whilst perhaps tempting to many employers struggling financially in these hard times, is not only unfair to […]
Can an Employee Who Refuses Vaccination be Fired? 1 April 2021 - Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a significant number of people will refuse to be vaccinated. The reasons given for this stance have been many and varied, some mainstream and reasonable, others less so. Perhaps some of […]
Workplace Bullying – Can You Claim Constructive Dismissal? 14 January 2021 - An employer may be tempted, when an employee resigns, to breathe a sigh of relief and think “great, I got rid of a problem without having to jump through all the hoops of a disciplinary enquiry/retrenchment process”. Not so fast! One of the protections our law provides to employees is the “constructive dismissal” concept, and […]
Cannabis in the Workplace: Can You Dismiss? 2 December 2020 - A recent CCMA (Commission for Conciliation, Mediation and Arbitration) ruling, in which an employee’s dismissal for smoking cannabis before work was set aside and he was re-instated, has garnered a lot of media attention. Unfortunately, some of the resultant articles and headlines may have given the inaccurate impression that employees are now free to report […]
Lockdown “Admission of Guilt” Fines – The Criminal Record Risk 3 August 2020 - Breaking any of our lockdown laws can be an expensive business, risking heavy penalties. If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way out to pay up and put the whole thing behind […]
Expungement of your criminal record 16 June 2020 - Most people living with a criminal record will be able to explain precisely how the smallest of criminal offences can have a big impact on your life.  All is however not lost.  You can apply to have the offence removed from your record and lead a normal, record-free life. What does Expungement of a criminal […]
Equal Pay for Equal Work – Can You Differentiate Without Unfairly Discriminating? 4 June 2019 - Our employment laws and labour courts come down heavily on any unfair discrimination in the workplace, but it’s not always easy to decide whether “differentiation” between employees is or is not “unfair discrimination”. Take for instance a recent Labour Court case where a black female employee complained to the CCMA (Commission for Conciliation, Mediation and […]
Aging Employees: When Must They Retire? 8 October 2018 - Record numbers of Baby Boomers are now reaching their 60s, and if you are an employer in any size of business (from the smallest family-owned enterprise to the largest corporate), make sure now that you have a policy in place to handle the thorny question of compulsory retirement. This is vital – sooner or later […]
“You’re Fired for Misconduct” v “No, I Resign” – Who Wins? 30 August 2018 - You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”. Can you go ahead with disciplining the employee? Until recently the answer was no, the Labour Court having decided in such a matter that immediate resignation brings an […]
How to Avoid Disputes over Jointly Owned Property 1 April 2018 - Buying property can be an excellent investment, but it can also be expensive. So sometimes it makes a lot of sense to share the financial burden with someone else. Perhaps for example you are spouses or life partners buying your first home. Perhaps you are a group of families planning to share a holiday house, […]
Expired Firearm Licences: High Court to the Rescue 2 August 2017 - Whilst our law quite correctly treats unlawful possession of a firearm as a most serious offence – you could go to prison for 15 years if convicted – law-abiding citizens who hold valid firearm licences face a major problem if for whatever reason they fail to renew them in time. To set the scene, the […]
Baby Boomers: At What Age Must You Retire? 6 June 2016 - Employers need to be particularly on their guard for cases in which a workplace dismissal is automatically unfair.  Our courts take a particularly dim view of discrimination cases falling into this category. Age discrimination is one such instance, and an employer faced with such a claim can defend it only by proving (the onus is […]