News and Commentary
Promotion of Access to Information Act 2 of 2000 (“PAIA”) – is your company PAIA compliant?
Is your company required to provide a manual in terms of Section 51 of PAIA? The Minister has exempted all private companies from providing PAIA manuals, unless that company falls within one of the...
Australian Court imposes penalty for false or misleading claims by Homeopathy practitioner
The Australian federal Court has ordered the company Homeopathy Plus to pay penalties of $115,000 and its director, Frances Sheffield, to pay $23,000 for making false or misleading representations...
New legislation to make South African mine dumps and stockpiles more environmentally friendly
Mining waste is no longer regulated by the Mineral and Petroleum Resources Development Act and instead finds itself more appropriately under the National Environmental Management Waste Act. Under...
The use of replacement labour during protected strikes – SACCAWU V SUN INTERNATIONAL
Trade Union SACCAWU(the Applicant) sought an order against Sun International (S.I,.) on the following terms: Declaring S.I.'s unlimited duration lock out is not in response to strike action;...
FWB Director attends annual meeting of the International Bar Association in Austria
Melanie Kilian of Fairbridges Wertheim Becker attended the annual meeting of the International Bar Association (IBA) in Vienna, Austria in October 2015. Over 6000 attorney delegates from all over...
Full transcripts of JSC interviews available here
Last week the Judicial Service Commission (the JSC) interviewed candidates for various judiciary positions in the High Courts of South Africa. If you've missed the media reports, you can find the...
Court finds that insurer cannot repudiate a claim based on the insured’s failure to disclose a previous incident
The Court has recently decided against Outsurance in Jerrier v Outsurance Co Ltd 2015 (5) SA 433 (KZP), having concluded that an insurer cannot repudiate a claim just because the insured failed to...
FWB at the Standard Bank Golf Day, Cancer Foundation, Johannesburg
The Fairbridges Wertheim Becker team attended a Standard Bank Golf Day on 9 October 2015 in aid of the Cancer foundation. Blair Wassman, Richard Hutchinson and Jayson Rebelo of the Johannesburg...
Does liability automatically ensue if there is a statutory duty to act?
In 2004, a UK tourist went on a tandem paragliding flight near Hermanus in the Western Cape, which left her paralysed after the paraglider lost height and manoeuvrability, resulting in a collision...
Fairbridges Wertheim Becker supports the Global March for Elephants, Lions and Rhinos
On Saturday, Kirstenbosch National Botanical Gardens in Cape Town hosted the Global March for Elephants, Rhinos, and Lions to help raise awareness for our threatened wildlife. One hundred and twenty...
“Same same…but different”: Trademarks, brands, and the fight against counterfeit goods that rages on
Counterfeit goods are goods that fraudulently imitate and use another's brand name to lead consumers into believing that they are buying the genuine product (although some consumers may knowingly...
Events in Cape Town: The Muizenberg Festival 6 – 11 October 2015
The Muizenberg Festival begins today and runs for six days until Saturday 11 October. The festival is an annual celebration of the eclectic suburb which aims to showcase its commitment to creative,...
Connections, a quarterly publication from Terralex
This quarterly publication from Terralex features articles authored by practitioners across the globe.
Summonses, judgments and liquidations drop – some statistics showing trends in litigation by Louis Rood, Consultant at Fairbridges Wertheim Becker (Cape Town)
Statistics South Africa reports that the number of civil summonses issued for debt in the country dropped by 11% from May 2014 to May 2015. This mirrors a steady decline in the number of civil...
Right to mine coal in protected environment contested
The Centre for Environmental Rights (CER), a non-profit environmental law clinic, has instituted legal proceedings in the Pretoria High Court against the previous Minister of Mineral Resources,...
Things to do on Heritage Day
Tomorrow is National Heritage day. Heritage day gives South Africans of all cultures the opportunity to celebrate their heritage. As the oldest law firm in the Africa, Fairbridges Wertheim Becker is...
Book Review: Street Law – Practical law for South Africans
Street law refers to the laws that affect ordinary people in their everyday life on the street. There is a huge need for people to be informed and educated about their rights and remedies, how the...
Accessing a competitor’s confidential information
When you submit information to the Competition Commission or Competition Tribunal, you may identify information that is confidential. 'Confidential information' means trade, business or industrial...
A brief look at the dress code of the court
"And don't try to impress me with your manner of dress, Cause a monkey in silk is a monkey no less" - Rodriguez The rules of the South African courts prescribe a dress code for legal practitioners...
Is an Arbitration a legal proceeding for the purposes of the moratorium in Business Rescue proceedings
Once a company is placed into business rescue, legislation provides for a general moratorium on the institution of, and continuation of legal proceedings against the company or its property. This...
Urgent interdict suspending payment to SARS granted despite ‘pay now, argue later’ principle
When there is a dispute raised by a taxpayer about the SARS' assessment of a tax due to it, South African tax law follows the 'pay now, argue later' principle. According to this principle, if a...
United Nations adopts its first resolution on wildlife trafficking
The General Assembly of the United Nations unanimously adopted its first resolution on 'tackling illicit trafficking in wildlife'. The resolution is a historic step towards tackling the organised...
Verbally announcing an intention to leave, and then leaving, interpreted as resignation
It is not uncommon for heated exchanges to occur in the workplace. Employees should have regard to their conduct in light of the latest judgment handed down by the Labour Court in the matter of...
Call for submissions: Taxation Laws Amendment Bill and Tax Administration Laws Amendment Bill
National Assembly’s standing committee on Finance has called for written submissions by 14 September 2015. This is in preparation for Parliament’s public hearing for comment on the 2015 Taxation...