News and Commentary
SCA rules that courts have a discretion to order the demolition of unauthorised/illegal building works on application by a neighbour
BSB International Link CC owned property in Parkmore, Gauteng and its neighbour, Readam South Africa (Pty) Ltd, had a problem with the building works that BSB had undertaken. Readam argued that BSB...
Is this transaction protected under Consumer Protection Act 68 of 2008?
Often a question posed as the weary consumer, but are you getting the right answer? Today’s scenario: You wish to enter into an Installment Sale Agreement to purchase a new car. The seller and/or...
The compensation ordered for the developer of ‘please call me’ a reminder to companies to regulate internal intellectual property policies
The Constitutional Court recently handed down judgment in the case concerning the compensation for the use of the idea of developing the Please Call Me messaging system for Vodacom, which resulted...
Enforcing a South African maintenance order in a foreign country
The Reciprocal Enforcement of Maintenance Orders Act allows a parent living in South Africa to claim maintenance from a parent living in a foreign country and vice versa. South Africa, however, only...
Environmental licenses and permits now automatically available to the public
The Department of Environmental Affairs (DEA) has recently made environmental licenses automatically available to the public. Unlike the previous position, licenses will now become available without...
Copyright Infringement Judgment – Moneyweb v Fin24
Judgment was recently granted out of the Gauteng High Court (Johannesburg) in favour of Moneyweb against Fin24 for copyright infringement. The court found that three of the seven articles published...
Book Review: Law of Property Casebook for Students (Eighth Edition) By AJ van der Walt
Reviewed by Louis Rood. If legislation is the recipe of law, then court cases are the ingredients. It is the judgments of our courts that both interpret and apply the law, evaluate the evidence,...
Lessor permitted to evict lessee upon valid termination of the lease despite lessor’s lack of title
In a recent case involving Engen, the Constitutional Court (CC) has found that a subtenant is not allowed to raise a sub-lessor's lack of title as a defence to eviction. In this matter, Engen...
ARIPO Developments
There are currently 19 States which are party to the Lusaka Agreement and therefore members of the African Regional Intellectual Property Organization (ARIPO). These are: Botswana, The Gambia,...
The constitutional right to emergency medical treatment
Last year, the Constitutional Court (CC) highlighted the importance of the constitutional right to emergency medical treatment. The case involved a 17 year old boy who had experienced serious spinal...
FWB Associate, Brittany Badham-Thornhill, provides some wisdom on wills on personal finance and insurance website Hippo.co.za
Brittany Badham-Thornhill recently contributed to an article entitled "Write a Will and Protect Your Legacy" on personal finance and insurance website, Hippo.co.za. Here are some excerpts from the...
Fairbridges Wertheim Becker: Terralex’s exclusive South African Member Firm
TerraLex is one of the world’s leading international legal networks. With more than 155 top independent law firms and more than 17,000 attorneys in 100 countries, TerraLex members provide the legal...
SARS Tax Clearance Certificates
A new tax clearance system is to be rolled out by SARS. This new system is said to improve efficiency and assist both the taxpayer and third parties to check the compliance status of the taxpayer....
The battle between Apple and Samsung continues
Apple initially claimed that Samsung had infringed eight of its software patents (for example, the 'slide-to-unlock' feature) and claimed US$2.2 billion in damages. Apple was awarded US$120 million...
Raising a workplace dispute at the CCMA
If you have been unfairly suspended or dismissed; are in a dispute with your employer over working conditions, wages, workplace changes; or have experienced discrimination, sexual harassment or...
Prescription: use it or lose it
Prescription is the process by which legal rights are lost as a result of a failure to take action over a period of time. Prescription is regulated primarily by the Prescription Act 68 of 1969. It...
Fairbridges Wertheim Becker at the University of the Western Cape Career Fair
Fairbridges Wertheim Becker was one of the law firms that attended the University of the Western Cape Career Fair on Tuesday 19 April. It was an exciting day speaking to law students about their...
Landlord’s tacit hypothec – what it means for lessees and their goods
The landlord's tacit hypothec is a form of real security recognised in South African law. The hypothec is "tacit" because it is understood or implied without being stated; in other words, the...
Personal liability of directors under Companies Act
The Western Cape High Court recently confirmed that a director of a company may, in terms of the new Companies Act, be held personally liable for damages sustained by a third party creditor where...
Adcock Ingram vs Actor Holdings – Don’t Delay
The Trade Marks Act makes provision for a trade mark application to be examined and thereafter advertised provided it is accepted by the Trade Mark Registrar to afford interested third parties the...
The effect of the in duplum rule once judgment has been granted
In terms of the common law in duplum rule, interest stops running when 'unpaid' or 'arrear' interest equals the outstanding capital amount. This prevents unpaid interest from exceeding the unpaid...
Immigration Law Amendments
The Immigration Amendment Bill was recently tabled in Parliament by the National Assembly’s Home Affairs Committee. The proposed amendments address the issue of foreigners who have illegally...
Simba Remains King of Flavour
In one of the Advertising Standards Authority's ("ASA") latest cases, Simba (Pty) Ltd v Gatbro International Manufacturing (Pty) Ltd (25 January 2016), the Simba potato chip brand took on a...
Terrelex member firm now offering advice on family law matters
An Australian-based firm Lander & Rogers has added family law to its Sydney offering to meet growing numbers of referrals and inquiries from clients. The practice launched earlier this month...