News and Commentary
CCMA granted jurisdiction over employees based at South African businesses overseas
The Labour Appeal Court (LAC) recently held that the Commission for Conciliation, Mediation and Arbitration (CCMA) has jurisdiction to hear employment disputes concerning employees who work outside...
DTI clarifies position in regards to conflicting Sector Codes and Generic Codes of Good Practice
The Department of Trade and Industry has clarified the position in regards to Sector Codes not aligned with the amended generic Codes of Good Practice. The Sector Charter Councils were called upon...
The sixth Forum on China-Africa Cooperation (FOCAC) to be held in Sandton tomorrow
The sixth Forum on China-Africa Cooperation (FOCAC) will take place on the 4th – 5th of December 2015 at the Sandton Convention Centre in Johannesburg under the theme, "Africa-China Progressing...
Constitutional Court abolishes delictual claim for adultery
Although adultery is no longer a criminal offence, the Constitutional Court (CC) recently had to decide whether someone whose spouse commits adultery has a delictual right to claim damages against...
Prescription of arbitration awards – you snooze, you lose.
Judge Coppin has handed down an important judgment regarding the prescription of arbitration awards issued by the CCMA and Bargaining Councils. Prescription is the expiration of the right to enforce...
The Sasol excessive pricing saga comes to an end
In 2007, the Department of Trade and Industry approached the Competition Commission to investigate the pricing practices in the South African chemicals section. The Commission then raised a...
Who is the copyright owner of your logo?
It is common place for a company to outsource and pay an outsider, such as a branding agency, to create its logo. However, who is then the owner of the copyright in the logo? Typically it is only...
Broad-Based Black Economic Empowerment (B-BBEE) updates
There has been a call for comment, by 30 November 2015, on the draft B-BBEE verification manual. This manual is to be used by all verification agencies when issuing B-BBEE Certificates. It states...
TerraLex Mergers & Acquisition Practice Group Publishes Summary Guide to Corporations in Europe
FWB's affiliate network Terralex has produced, with the assistance of its European member firms, a document which outlines the principal characteristics of corporate structures within European Union...
The implementation of a carbon tax in South Africa – things are heating up!
The draft Carbon Tax Bill has been released for public comment. The introduction of a carbon tax aims to alter producer and consumer behaviour by punishing polluters to protect the planet. According...
Trademarks – all you need to know about the basics
A trade mark is a word, phrase, symbol or design, or a combination of them, that identifies and distinguishes the source of a trade mark from that of another, providing the owner with exclusive...
Rood reviews the latest authoritative text on the Recognition of Customary Marriages Act
REFORM OF CUSTOMARY MARRIAGE, DIVORCE AND SUCCESSION IN SOUTH AFRICA By Chuma Himonga and Elena Moore (392 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za "I was married to my husband for many...
“Smart-shopping” lands an employee in hot water
A Pick n Pay Employee has been dismissed for “stealing” smart shopper points. The Employee, who was a cashier, devised a plan to accumulate smart shopper points fast. Each time a customer came to...
High Court Debtors Beware
If judgment has been granted against a debtor (a company, an individual), let's call it a hypothetical XCo, in the Magistrate's Court, the judgment may be rescinded once XCo has paid the debt and...
Harvard Law School Library plans to make collection available free online
The Harvard Law School Library has one of the most extensive collections of legal texts in the world. The Library recently announced that it plans to scan almost every volume in its shelves and...
Fascinating new book released on Forensic Investigation
"Because a case in court in only as good as the investigation that has been conducted by the police, this book is set to play a significant role in ensuring that current and future generations of...
Defamation – Exercise caution with what you post on Facebook and other social media platforms
The District Court of Western Australia ruled in favour of Ms Massy, a woman who had posted a review of an accountant on the UK Immigrants Group Facebook Page. She called the accountant...
Cohabitation and the reciprocal duty of support
For many years South African courts have emphasized the importance of marriage as a social institution and valued the rights and obligations that flow from it. One of the most important obligations...
Rood reviews: Crime Scene Investigation by Hendrik Lochner and Rudolph Zinn
The Rule of Law as a fundamental principle of our constitutional state is only a reality if crime, irregularities or transgressions are detected, investigated, and the perpetrators identified and...
Happy Halloween!
It has been said that Halloween’s origins date back to the Ancient Celtic Festival of Samhain. What is now more of an American tradition, originated from the Celts, who lived in and around what is...
Trademarks and Chocolate
The German Federal Court of Justice has recently decided in favour of Lindt and its chocolate bear in a golden wrapping (a well-known favourite during the festive season). The court found that the...
“Companies to be formed”- are they on the shelf?
"Earlier this year, the Durban High Court discussed the meaning of the words "company to be formed" in a sale agreement. Three businessmen decided to purchase immovable property which would...
Book Review: Fundamental Rights in South Africa by F. Venter
"Fundamental rights lie at the heart of the South African legal order. Their wide scope and central place in the supreme Constitution to which all law and legally relevant conduct are subject...
Africa Oil Week
The 22nd annual Africa Oil Week kicks off today in Cape Town. The weeklong conference boasts a 100 speaker line-up from Governments, leading companies, and key players inside Africa’s oil and gas...


