News and Commentary
The Competition Commission approves of the Vodacom/Neotel merger
Earlier this month, the Competition Commission approved Vodacom's decision to acquire Neotel for R 7 billion. The result :Neotel will be a wholly-owned subsidiary of, and under the control of...
Book Review: International Tax Law – Offshore Tax Avoidance in South Africa
“The avoidance of taxes is the only pursuit that still carries any reward” - John Maynard Keynes (1883 – 1946) This significant new publication in the already crowded tax–commentary sphere...
Eastern Cape Liquor Act upheld by the Constitutional Court
Shoprite Checkers (Pty) Ltd took the government and the Eastern Cape Liquor Board to Court to challenge the constitutionality of the provisions of the ‘new’ Eastern Cape Liquor Act, introduced in...
Ostrich farmer takes on Standard Bank over securitised loan
An Eastern Cape farmer and his legal team have deployed an unusual strategy to defend an action for repayment of a loan instituted by Standard Bank. Davenport, the farmer in question, has placed a...
Constitutional Court confirms no more delictual claims in respect of acts of adultery
The Constitutional Court has confirmed the ruling of the Supreme Court of Appeal (SCA) that the act of adultery by a third party lacks wrongfulness for the purposes of a damages claim, in particular...
Book review: LAW OF DIVORCE AND DISSOLUTION OF LIFE PARTNERSHIPS IN SOUTH AFRICA By Jacqueline Heaton (Editor)
"Marriage,n. The state or condition of a community consisting of a master, a mistress and two slaves, making in all, two." - Devil's Dictionary (1911) by Ambrose Bierce (796 pages) Juta & Co Ltd...
Equal Pay For Equal Work – New Code of Good Practice
The Minister of Labour has issued a code of good practice which regulates remuneration for work of equal value. The code's application extends to all employers and employees covered by the...
Terms of Service – too long, didn´t read?
"I have read and agree to the Terms" is the biggest lie on the web. We aim to fix that." Terms of service agreements typically require a user to agree to or abide by a certain set of rules before...
A copyright case – involving dictionaries
Media24 has filed their application for leave to appeal following judgment by Gamble J in Media24 Books (Pty) Ltd v Oxford University Press Southern Africa (Pty) Ltd. Media24 applied for a final...
Shark-cage diving vessels and negligence
In 2008, a shark-cage diving vessel, MV Shark Team, was struck by a wave whilst anchored at the Geldsteen reef near Gansbaai. The vessel capsized and three people on board drowned. The wife of one...
Davis Tax Committee report released for public comment
On 5 June 2015, the Davis Tax committee released its first interim report for public comment. The committee was formed 2013 in order to “assess South Africa’s tax policy framework and its role in...
Book review: PERSPECTIVES ON THE LAW OF PARTNERSHIP IN SOUTH AFRICA
PERSPECTIVES ON THE LAW OF PARTNERSHIP IN SOUTH AFRICA by J J Henning (335 pages) Juta & Co Ltd www.jutalaw.co.za "Men are made for society and mutual fellowship." – Edmund Calamy (1671 – 1732)...
Unlawful Credit Agreements – Section 89(5)(b) of the NCA declared Constitutionally invalid
In a unanimous judgment the Constitutional Court has upheld the judgment of the Western Cape High Court declaring section 89(5)(b) of the National Credit Act constitutionally invalid. Previously...
SCA decision: Non-South African Companies can be asked to furnish security for costs
According to a recent judgment of the SCA, a foreign company may be asked to provide security that it is able to settle the legal costs of its opponent in the event that it is unsuccessful in...
New requirements for travelling with children
Director-General Mkuseli Apleni called for a briefing to clarify a few issues ahead of the 1st of June 2015 implementation. There has been much hype leading up to the implementation of these...
Carbon tax for 2016?
During the annual budget speech, the Minister of Finance announced that draft carbon tax legislation will be published in 2015 for public consultation in the hope that it will become law in 2016....
FWB Attorney hits the red carpet!
Our very own Andrew Hewitt attended the Cannes Film festival last month. Andrew is our resident entertainment law specialist. His clients include inter alia artists, filmmakers, musicians,...
Draft gambling policy gazetted for public comment
The National Gambling Board has released a draft policy for public comment. Some of the contentious issues covered include the illegality of an act of online gambling as well as the winnings...
Time to save?
Tax-free saving accounts were introduced on 1 March 2015 in order to encourage more people to start saving. The annual contribution limit is R30 000 and the lifetime limit is R500 000 per person....
The concept of a binding offer by creditors in business rescue now clarified.
A landmark decision has been made by the Supreme Court of Appeal whereby the concept of a binding offer in the business rescue context has now been clarified. Previously in circumstances where a...
The NCA and prescription
The NCA requires, as a precursor to litigation on a credit agreement, that one sends a 's129' notice, advising the debtor of his rights in terms of the NCA, and a few other formalities. Where a...
Retirement of Fairbridges Chair
Messages of goodwill flowed in for long-serving Chair of Fairbridges, Louis Rood, who has retired after 42 years at the firm, 34 on the board, and 10 years as Chair. He was only the 15th Chair of...
New Chairperson Appointed
Deirdré Olivier has been appointed Chairperson of Fairbridges Wertheim Becker. A BA LLB graduate of the University of Cape Town. She served her articles at Fairbridges, was admitted as an attorney...
Leading South African Law Firms Merge
Two of South Africa’s longest established law firms have joined forces in a significant mid-market merger. Fairbridges is the oldest law firm in Africa and the Southern Hemisphere, having been...