Last year the Western Cape High Court heard a matter between Lucky Star and Lucky Fish whereby Lucky Star, who used its registered trade mark in respect of canned fish goods, alleged that Lucky Fish was using a trade mark that was confusingly similar to its own and, therefore, was guilty of trade mark infringement. The High Court dismissed Lucky … Read More

The National Environmental Management Act seeks to protect the Constitutional right to an environment that is not harmful to one’s health or wellbeing. The Act recognises that everyone has the right to have the environment protected, for the benefit of present and future generations, through measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and … Read More

At 16h00 on 24 June 2016, the opportunity to submit nominations for the next Public Protector closes.  Those eligible include attorneys, advocates, judges, and those with relevant knowledge and experience. Advocate Thuli Madonsela vacates the office in October 2016, after serving a 7 year, non-renewable term. Click here for the details. Read More

Under the National Credit Act, credit providers that have a total principal debt owed to them exceeding R 500 000.00, under all outstanding credit agreements (other than incidental credit agreements), must register as a credit provider. Last month, however, the Minister of Trade and Industry, Dr Rob Davies, announced that as from 11 November 2016, the new credit provider registration … Read More

The Supreme Court of Appeal dismissed security fencing company Cochrane Steel’s appeal to overturn the high court judgment on South Africa’s first Google Adwords case last week confirming that the use of a trade mark as a keyword in a Google Adwords system does not constitute unlawful competition or passing off. The high court was faced with the case involving … Read More

In today’s digital age, experiencing online harassment and cyberbullying is as common as catching a cold during winter. The Protection Against Harassment Act provides recourse to individuals who experience online and other forms of harassment. Harassment includes a broad spectrum of conduct including the following: watching, pursuing or accosting, loitering outside of or near the building where one lives, works, … Read More

The South African Minister of Economic Development, Ebrahim Patel, announced last month that any cartel conduct, including price fixing, market allocation and collusive tendering, now constitutes criminal activity. The amendments to the Competition Act giving effect to this announcement came into effect on 1 May 2016. The effect of the amendment is that any person who participates in cartel conduct … Read More

On 28 April 2016, the Government Gazette published the draft International Arbitration Bill and its explanatory memorandum. The Bill is due to be introduced to Parliament and if it becomes an Act, it will replace the old Arbitration Act and will govern all international arbitrations seated in South Africa. This will include commercial and investment arbitrations. The Arbitration Act, however, … Read More

The Supreme Court of Appeal recently handed dealt with the requirement to disclose material and relevant facts when entering into a contract, and expanded upon the notion that silence may – in certain circumstances – amount to a misrepresentation. The case involved the award of a tender for the construction of certain roads by the Department of Roads and Public … Read More

BSB International Link CC owned a property in Parkmore, Gauteng and its neighbour, Readam South Africa (Pty) Ltd, had a problem with the building works that BSB had undertaken. Readam argued that BSB proceeded without the prior approval of building plans by the City of Johannesburg Metropolitan Municipality (the municipality) as required by the National Building Regulations and Building Standards … Read More

Often a question posed as the weary consumer, but are you getting the right answer? Today’s scenario: You wish to enter into an Installment Sale Agreement to purchase a new car. The seller and/or institution, who is assisting with the closing, advises that the National Credit Act 34 of 2005 and the consumers related rights provided therein are applicable to … Read More

The Constitutional Court recently handed down judgment in the case concerning the compensation for the use of the idea of developing the Please Call Me messaging system for Vodacom, which resulted in generating billions of rands. Mr. Makate –who claims he developed the mechanism – was a trainee accountant employed by Vodacom during 2000 when he was involved in a … Read More

The Reciprocal Enforcement of Maintenance Orders Act allows a parent living in South Africa to claim maintenance from a parent living in a foreign country and vice versa. South Africa, however, only has reciprocal enforcement agreements with Australia, Botswana, Canada, Cocoa Islands, Cyprus, Fiji, Germany, Guernsey, Hong Kong, Isle of Jersey, Isle of Man, Kenya, Lesotho, Malawi, Mauritius, Namibia, New … Read More