Mediation FAQ 2

Is mediation confidential? Yes. Nothing that is said during mediation may be disclosed to outside third parties without consent. Documents, other than those which are subject to ‘discovery’, (i.e. which are in any event required to be disclosed in court proceedings) cannot be used in Court, or in any other manner against a party to the mediation. Read More

Simon Cooper

Our former Managing Partner Simon Cooper recently celebrated 10 years of theatrical and musical productions at his Kalk Bay Theatre which has become a landmark of the arts in Cape Town. Congratulations Simon Cooper! Read More

Youth Day on Monday

A youth is to be regarded with respect. How do you know that his future will not be equal to our present? – Confucius Read More

2014 FIFA World Cup

The 2014 FIFA World Cup kicks off today in Brazil. The tournament, which occurs every four years, will run from 12 June 2014 to 13 July 2014. FIFA celebrates its 20th World Cup tournament this year! Read More

Book Review – Applied Law for Police Officials

Book Review APPLIED LAW FOR POLICE OFFICIALS (546 pages) By C. Joubert [Fourth Edition] Juta & Co. Ltd – www.jutalaw.co.za “There are not enough jails, not enough policemen, not enough courts to enforce a law not supported by the people.” – Hubert Humphrey (1911 – 1978) Review by Louis Rood, BA LLB, Chairman of Fairbridges Attorneys. The fourth edition of … Read More

Forfeiture of leave benefits

In the recent judgment of Ludick v Rural Maintenance (Pty) Ltd the Labour Court was called upon to decide between two conflicting judgments. The case dealt with whether annual leave pay not taken within 18 months of the beginning of an employee’s leave cycle should be forfeited. The court decided that leave governed by the Basic Conditions of Employment Act, … Read More

Labour Court Judgment

In the recent judgment of Ludick v Rural Maintenance (Pty) Ltd the Labour Court was called upon to decide between two conflicting judgments. The case dealt with whether annual leave pay not taken within 18 months of the beginning of an employee’s leave cycle should be forfeited. The court decided that leave governed by the Basic Conditions of Employment Act, … Read More

Surrogacy

SURROGACY: Did you know that it is unlawful to artificially fertilize a surrogate mother until a surrogate agreement dealing with the in’s and out’s of the surrogacy has been authorized by the Court? Failing endorsement, the child is deemed that of the surrogate. See the Section 292 and Section 295 of the Childrens Act 38 of 2005 and Ex Parte MS and Others … Read More

Deirdre Olivier

Hear our expert in evictions and land invasions, Deirdre Olivier, a director of our Dispute Resolution Division, in an interview with John Maytham on 567 Cape Talk Radio https://soundcloud.com/primediabroadcasting/deirdre-olivier-on-the-legality-of-the-evictions?utm_source=soundcloud&utm_campaign=share&utm_medium=email Read More

Mediation FAQ 1

Mediation FAQ 1: What is mediation? This is a private process, conducted outside of court, and is particularly useful in commercial disputes. The parties, assisted by an independent mediator, negotiate to reach a mutually acceptable settlement of their dispute. It is less focused on what the law dictates, and more concerned with certainty, commercial reality, containment of legal costs and … Read More

Mediation FAQs

Look out for our upcoming series of Mediation FAQs – where our own Natasha Steinberg shares insights and practical advice on the mediation process in South Africa. Read More

Monetary Jurisdication

The monetary jurisdiction of the Magistrate’s Courts increased yesterday, with the District Courts’ increasing from R100000 to R200000, andthe Regional Courts’ from R300000 to R400000. This means that claims of these amounts or less need no longer be brought in the High Courts, with their concomitant expense and delay. Read More

Herman Conradie

Who’s who in the Fairbridges Zoo – Herman Conradie, a Director at Fairbridges, specialising in Medical Law , Employment Law and Litigation. https://www.fwbattorneys.co.za/attorney/herman-conradie/ Read More

Trust Responsibility

In the recent judgment of Investec Bank Ltd v Adriaanse and Other NNO 2014(1) SA 84 (GNP), Judge Jody Kollapen found that it is the primary responsibility of a trust to satisfy itself that a contract it intends concluding (in this instance a suretyship contract) is for the benefit of the trust and its beneficiaries. Read More

“Simply creating just laws does not create a just society – it only gives us a legal framework by means of which we can discipline those whose behaviour deviates from this just law” – Deon Rossouw, CEO of the The Ethics Institute of South Africa

“Simply creating just laws does not create a just society – it only gives us a legal framework by means of which we can discipline those whose behaviour deviates from this just law” – Deon Rossouw, CEO of the The Ethics Institute of South Africa Read More

Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (2013)

South Africa’s diverse cultural heritage has again come under the spotlight in the case of Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (2013) where the Supreme Court of Appeal (SCA) had to decide whether the certificate of a traditional healer could be equated with a medical certificate for the purposes of sick leave. The dispute was originally … Read More

First for Women commercial was not a negative stereotype of all men!

The Advertising Standards Authority(“ASA”) recently ruled that a First for Women commercial was not a negative stereotype of all men and that the depiction of men as irresponsible and negligent drivers was in fact reasonable and justifiable. The complainant claimed that the First for Women commercial was sexist and offensive to men. The court noted that a hypothetical reasonable person … Read More

The Employment Tax Incentive

The Employment Tax Incentive (more commonly referred to as the youth wage subsidy) has already created 56000 jobs, according to the latest Budget Speech. The subsidy gives a tax incentive to employers for hiring young South Africans between the ages of 18 and 29, provided these employees earn between R2000 and R6000 per month. The subsidy aims to provide young … Read More

Sugar Tax

The Department of Health is considering introducing a sugar tax to encourage South Africans to take responsibility for their own health and make changes to their diet and lifestyle. The Global Cancer Report 2014 notes that body fat increases the risk of cancer of the oesophagus, colon, pancreas, endometrium and kidneys, as well as breast cancer in post-menopausal women. “Among … Read More

Quote of the month

“Don’t raise your voices, improve your arguments” – wise advice from Archbishop Emeritus Desmond Tutu Read More