News and Commentary
Book Review – Dugard’s International Law
by John Dugard, Max Du Plessis, Tiyanjana Maluwa & Dire Tladi (Fifth Edition) (938 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "Peace, commerce and honest friendship with all nations –...
Book Review – Public Procurement Regulation
by Sope Williams-Elegbe and Geo Quinot (editors) (370 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "The state is or can be master of money, but in a free society it is master of very little...
Transformation of Parental Leave in South Africa
On the 27 November 2018 President Cyril Ramaphosa signed various amendments to labour legislation into law. These amendments have introduced additional parental leave benefits for fathers, adoptive...
Changing the face of Contractual Agreements
Section 11 (1) of ECTA provides that: ‘Information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data message.’ This is a simple sentence...
Do you have a right to a view?
The increase of state regulation and adjudication of neighbour disputes about building works has now migrated from the private law context of reasonableness to the public law context of legality....
Waging War on Bad Wages: The New National Minimum Wage Act
The new National Minimum Wage Act 9 of 2018 (NMWA) has been in the pipeline for quite some time and was finally signed into law by President Cyril Ramaphosa coming, into effect on 01 January 2019....
Whose responsibility is it to verify that a water meter is working correctly?
In the 2016 case of Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg, the City of Johannesburg ("the City") instituted action against Euphorbia for arrears in respect of water...
Book Review – Oil, Gas and Mining Law in Africa
by Thierry Lauriol and Émilie Raynaud (584 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "We have no more right to consume happiness without producing it than to consume wealth without producing...
Compliance with the companies act 71 of 2008
Clients are reminded of the continued need to review their shareholders agreements and their Memorandum of Incorporation ("MOI") in order to ensure that the terms of their shareholders agreement are...
Book Review – Evidential Aspects of Law Enforcement
by Marga van Rooyen (433 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "It is a capital mistake to theorize before one has data"– from The Memoirs of Sherlock Holmes by Sir Arthur Conan Doyle...
Book Review – Finsen’s The Building Contract
A Commentary on the JBCC Agreements (3rd Edition) by Stan Segal (601 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "When we build, let us think that we build forever."– John Ruskin (1819-1900) In...
Book Review – Principles of Market Abuse Regulation
A Comparative South African Perspective by Howard Chitimira (168 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "Take care to get what you like or you will be forced to like what you get."– George...
Book Review – Applied Law for Police Officials
(5th Edition) by Cerita Joubert (603 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "Detection is, or ought to be, an exact science, and should be treated in the same cold and unemotional...
Book Review – Public Interest Litigation in SA
by Jason Brickhill (contributing Editor) (433 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "The welfare of the people is the ultimate law"– Marcus Tullius Cicero (106-43 BC) Litigation in the...
Book Review – Scott on Cession
A Treatise on the Law in South Africa by Susan Scott (623 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "The law regarding cession of actions… presupposes a triangle – a debtor, a creditor who...
Book Review: UBUNTU An African Jurisprudence
UBUNTU An African Jurisprudence by T W Bennett, assisted by AR Munro & P J Jacobs (223 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "The adoption of this Constitution lays the secure...
Book Review: The Law of Arbitration
The Law of Arbitration South African and International Arbitration by PAA RAMSDEN (Second Edition) (416 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "The settlement or the solution of all...
Book Review: Precedents for Applications in Civil Proceedings
Precedents for Applications in Civil Proceedings by Peter van Blerk (772 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "Then rising with Aurora's light, The Muse invoked, sit down to write; Blot...
TerraLex Partners with HighQ to Enhance Members’ Ability to Collaborate
Fairbridges Wertheim Becker is the exclusive South African member of the global network of independent law firms TerraLex. TerraLex has announced its recent partnership with HighQ, a leading tech...
When humour steps on legal toes
On a daily basis, people of all age groups, and in particular the youth, spend time during their day looking at and sharing images containing humorous catch phrases on social media. These images are...
Evicting a Tenant? Not so Fast!
Whilst it is accepted law that a landlord is entitled to give a commercial property tenant only one month's notice to vacate the premises where the tenancy has continued by agreement on a...
Boardroom Battles – When Shareholders fall out.
The Johannesburg High Court has set out the duties of directors of a company where the only two shareholders locked horns in dispute with each other. An application made by the majority shareholder...
Book Review: Undoing Delict
The South African Law of Delict under the Constitution by Anton Fagan (316 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "The common law is not to be trapped within the limitations of its past....
Book Review: Trust Law in South Africa
By Walter D. Geach Editor: Louise du Toit (553 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "Where large sums of money are concerned, it is advisable to trust nobody." – Agatha Christie...