News and Commentary
TB Davie Memorial Academic Freedom Lecture at the University of Cape Town
UCT hosts the Memorial Academic Freedom Lecture, this Thursday, 13 August 2015, at Lunch time, in the Smuts Dining Hall, Upper Campus. Topic: Free speech in the age of identity politics Presented...
Women’s day
“Women's Day is celebrated in many countries around the world. It is a day when women are recognized for their achievements without regard to divisions, whether national, ethnic, linguistic,...
Nkunzi Milkway and Clover merger prohibited by Competition Commission
In December 2014, the Competition Commission prohibited Clover S.A. (Pty) Ltd from merging with Nkunzi Milkway (Pty) Ltd. Clover is a branded consumer goods company that sells a range of dairy and...
Validity Of Automatic Dismissal Clauses
SATAWU (on behalf of DUBE) took Fidelity Supercare Cleaning Services Group (Pty) Ltd, to Court recently. Several persons, employed by Fidelity to provide cleaning services to Wits University,...
FWB Delegates at Terralex Global Meeting in Munich
Peter Watts, Bob Groeneveld and Louis Rood represented Fairbridges Wertheim Becker at the TerraLex Global Meeting in Munich, Germany in June2015,joining almost 300 delegates and guests from over 60...
FWB receive PMR.africa Diamond Arrow Award
Louis Rood, represented Fairbridges Wertheim Becker to receive the PMR.africa Diamond Arrow Award 2015 awarded to our firm, as first overall winner among law firms in the City of Cape Town and Cape...
Further updates from the Davis Tax Committee and its interim report – Estate Duty
While the initial proposal and expectation in regards to estate duty was that it be removed from our current tax system, the Davis Tax Committee has recommended in its recent interim report on...
What is the small claims court?
Unfortunately, civil disputes are a fact of daily life; accounts are left unpaid; reckless drivers smash into parked cars and neighbours are forced to cut down thorn bushes that have encroached upon...
Disbarring representatives of Financial Service Providers
Representatives of Financial Service Providers (FSPs) render financial services to clients for or on behalf of a FSP. This may involve selling financial products such as insurance policies and unit...
Court rules on the Constitutionality of emolument attachment orders
Judgment was handed down by Judge Desai, last Wednesday, in the Western Cape High Court, in favour of a group of consumers, joined and represented by the University of Stellenbosch’s Legal Aid...
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...