News and Commentary
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...
Interdict to block Springboks from Rugby World Cup abandoned
The application to interdict the Springboks from the Rugby world Cup was abandoned on Thursday last week. The application, bought by the Agency for a New Agenda (ANA) against the South Africa Rugby...
Casual day: No more of the dark winter months. It’s time to celebrate the first official month of Spring
On 4 September 2015, it is the annual Casual Day fundraiser, which funds research for children with disabilities. Don’t forget to purchase your Casual Day Sticker, get into your casual gear on...
Labour Court confirms a tough test for condonation
To review certain conduct in the Labour Court, the Court's rules require that applications be brought within very strict timelines. In this case, a review was launched some eight months late. ...
As anticipated, Ashley Madison data leak results in a Class Action Lawsuit.
The company behind the AshleyMadison.com website - and latest victim of an online hack - faces a $760 million (approximately R10.640bil) class action brought by users of the website 'outed' in the...
New European Union inheritance laws should prompt reviews of wills
A new succession law came into effect throughout the European Union last week. In terms of this rule, the law of the country where the deceased was a habitual resident will govern succession to...
Genetic-link requirement in surrogacy declared unconstitutional
This month, the Pretoria High Court struck down the genetic-link requirement in surrogacy, declaring it unconstitutional. Under the Children's Act of 2005, surrogacy is only allowed when at least...
Recent Indonesian addition to the TerraLex Network, Lee Tai & Partners
We are pleased to welcome Lee Tai & Partners to the Terralex Global Network of Lawyers of Excellence. This firm "has been recognized by Corporate INTL in 2013, as the Full Service Law Firm of...
FWB Consultant, Monty Hacker, does SA proud at World Masters Athletics Championship
Our very own Monty Hacker, represented South Africa in the World Masters Athletics Championship in Lyon, France earlier this month and did exceptionally well. The WMAC took place between the 4th and...
Is conciliation at the CCMA a pre-requisite to institute action in the Labour Court?
The Labour Court (Pillay v Automa Multi Styrene (Pty) Ltd ) recently confirmed that one cannot approach that Court without having first attempted conciliation. Conciliation is the first regulated...
Progress Report from the Davis Tax Committee and Finance Minister’s comments on South Africa’s Tax system
Last week, the Davis Tax committee provided an interim report to Parliament on their inquiry into the role of the South African tax system. Judge Denis Davis referred to a study by the World Bank...
Indian Government seeks damages from Swiss food giant after banning Maggi noodles for containing unsafe levels of lead.
Earlier this month the Indian Government took Nestle to the country's highest consumer court, the National Consumer Disputes Redressal Commission (NCDRC). The State is suing the Swiss food...
Market division: the penalties and remedies
The Competition Act prohibits agreements that divide markets by allocating customers, suppliers, territories, or specific types of goods or services. For 30 years, two locksmith companies had agreed...
Attorneys’ Admission Examinations: 18-19 August
This week many candidate attorneys have been hard at work preparing for the Law Society's Attorneys' Admission Examinations. After months of weekly Practical Legal Training lectures hosted by the...
City of Cape Town to provide free Wifi to commuters
The City of Cape Town has issued a tender for a service provider to install and operate Wi-Fi zones on MyCiti busses. The service will be free to all passengers and is expected to include a minimum...