by Sean Slabber | 23 Feb, 2016 | Insights
A ‘voetstoots’ clause is a clause which one would usually find in terms and conditions of trade, or purchase and sale agreements, in which the seller contracts out of liability for patent and latent defects. Unlike a patent defect, a defect is latent if it...
by Sean Slabber | 22 Feb, 2016 | Insights
On 24 February, at 2pm, Finance Minister, Pravin Gordhan will deliver the Budget for the 2016 financial tax year. With a number of tough choices to make, there is great anticipation in hearing what steps will be taken to avoid credit rating downgrades. Some...
by Sean Slabber | 18 Feb, 2016 | Insights
At present, there is no legal requirement that a person being insured consent to a policy being taken out on his or her life. A contract of insurance may operate on the life of another, provided that the policyholder has an ‘insurable interest’ in the life...
by Sean Slabber | 17 Feb, 2016 | Insights
Karol Michalowski is an associate at Fairbridges Wertheim Becker in its Cape Town office. Karol was admitted as an attorney in 2013 and holds the degrees of BSc (Hons) (in Medical Biochemistry) and LLB from the University of Cape Town. Karol’s focus is commercial and...
by Sean Slabber | 16 Feb, 2016 | Insights
The employment contract is an essential source of the employees, and the employer’s rights. Although employers have no remedies under the Employment Equity Act 55 of 1998 and Labour Relations Act 66 of 1995, an employer is still entitled to enforce its rights as...
by Sean Slabber | 15 Feb, 2016 | Insights
(Moapese and others v HOD, Northern Cape Department of Education) A reduction in salary does not constitute a dismissal, at best, it’s a demotion – according to the Education Relations Labour Council. What happened was this: In 2007 the salaries of a group of...