News and Commentary
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...
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...