News and Commentary
AfrAfsia Bank Cape Wine Auction – “An Auction with a Cause, at the tip of Africa”
Since 2014, this auction has raised over 17 million rand for charity. This year, on the 12th and 13th of February, at Klein Constantia, "forty coveted auction lots have been allocated, including...
Reform of Community trade mark Regulations
The European Parliament implemented Regulation (EU) No. 2015/2424 amending the Community trade mark regulation on 15 December 2015, which will enter into force on 23 March 2016. Thereafter, the...
Our former Cape Town candidate attorneys have been admitted as attorneys and appointed as Associates!
Congratulations to Daniel Hart, Palesa Mohale and Inge Surtie, who were admitted as attorneys of the High Court of South Africa, Western Cape Division, on 5 February 2016. Daniel Hart and Palesa...
Competition Commission recommends conditional approval of SABMiller Plc, Gutsche Family Investments (Pty) Ltd and The Coca Cola Company merger
The Competition Commission has recommended that the Competition Tribunal conditionally approves of the merger between SABMiller Plc, Gutsche Family Investments (Pty) Ltd and The Coca Cola Company....
TerraLex Connections – Special Edition – Cybersecurity
Fairbridges Wertheim Becker is the exclusive South African member of Terralex, a global network of independent law firms with leading member firms spread over 155 jurisdictions worldwide. We are...
J&B Met this Saturday: Don’t miss it!
Tomorrow will see crowds returning to the Kenilworth Racecourse for the 39th annual J&B Met. The theme this year is “A Rare Blend” and it promises to be as spectacular as ever with R2.5m up for...
Tax Compliance during Secondments
Secondments are where an employer temporarily ‘loans’ its employee to another company, the host. The consensus is that the employee will go back to the employer after completion of its agreed term...
The Housing Consumers Protection Act- another a brick in the wall…
According to the Housing Consumers Protection Measures Act, builders are required to rectify 'major structural defects' that occur in houses that they have built within at least five years from the...
If you own the domain name will you also have the exclusive right to the name?
In the recent case of Fairhaven Country Estate (Pty) Ltd v Harris and Another 2015 (5) SA 540 (WCC) the Western Cape High Court decided that a domain name registrant does not have the exclusive...
Fairbridges Wertheim Becker’s David Short joins the Labour Court bench
David Short served on the bench of the Labour Court as an acting judge in the earlier part of January this year. This is the second time David has been invited to act as a judge in the Labour Court,...
The proposed Road Accident Benefit Scheme- the drive to a ‘no fault’ system
The Road Accident Fund was established in 1996 to provide compensation to all road users within South Africa who have been injured in motor vehicle accidents as a result of another's negligent...
Draft guidelines published by Competition Commission
Guidelines on the assessment of public interest provisions in merger regulation under the Competition Act 89 of 1998 published 22 December 2015. “these guidelines seek to provide guidance on the...
Fairbridges Wertheim Becker welcomes new candidate attorneys for 2016
This week Fairbridges Wertheim Becker welcomes Zamuxolo Gulwa (UWC), Felicia Hlophe (UCT) and Camilla Salmon (UCT), the new candidate attorneys in the Cape Town office, and Keorapetse Matlala...
Insurance contracts and the duty to disclose
Insurance contracts are contracts of the utmost good faith. This means that the insured has a duty to disclose to the insurer all material facts and circumstances of which the insured has actual or...
The end of lawyers?
This New York Times article evaluates a proposition that lawyers will be one of the first white collar professions to be made redundant with the rise of artificial intelligence and increased...
The South African position on a competitor using a trademark as a Google adword
There have been a few international Courts dealing with this issue and South Africa's first case on the subject was heard at the end of 2014. The result has in all likelihood directly affected how...
Season’s Greetings!
FWB Attorneys wishes all our clients, colleagues, friends and followers a peaceful and joyous festive season and a prosperous New Year. We sincerely appreciate your support and comments and look...
Time out over the festive season
The concept of dies non is defined as a day on which no legal business can be done, or which does not count for legal purposes. What this means is that certain legal documents may not be delivered...
Companies undergoing business rescue proceedings need the consent of the business rescue practitioner before commencing arbitration proceedings
According to the Companies Act, when a company is undergoing business rescue proceedings no legal proceeding against the company may be commenced or proceeded with in any forum except with the...
The Tax Administration Laws Amendment Bill of 2015 and its amendment to Section 99 of the Tax Administration Act 28 of 2011 (the “Act”)
According to Section 99 of the Act, further assessments by SARS were limited to a period of three years after issuance of its first assessment, and five years after the date of a taxpayer’s...
Time to Comply with Section 51 of PAIA
Section 51 of the Promotion of Access To Information Act 2 Of 2000 ("PAIA") states that every "private body" must submit to the South African Human Rights Commission ("SAHRC") a manual aimed at...
Hennessy versus Jameson
The Advertising Standards Authority (ASA) recently received a complaint from Société JAS Hennessy & Co ("Hennessy”) against a television commercial for Jameson Select Reserve whiskey. Hennessy...
One does not simply insult the president – Meme lands doctor in hot water
And on a humorous note - Turkey: A Doctor has been criminally charged insulting the State President. The Doctor was dismissed from his position at Turkey’s public health service in October after...
Labour Appeal Court makes landmark ruling regarding the issue of prescription
The background is this: A company had dismissed its striking (protesting) workers following an unprotected strike in 2003. After a long drawn out battle of referrals from one court to the next...
