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 …

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

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 …

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.

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.

Herman Conradie

Who’s who in the Fairbridges Zoo – Herman Conradie, a Director at Fairbridges, specialising in Medical Law , Employment Law and Litigation.

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.

“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

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 …

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 …

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 …

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 …

Quote of the month

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

Mediate in the News!

The Mediation process shall shortly take the spotlight in a bid to find common ground and a negotiated settlement to continued industrial action in the platinum sector. The parties willingness to find a mutually acceptable settlement and the skill and assertiveness of the mediator to assist them to do so may be decisive of the outcome. We’re watching this space …

Defamation on social media

A recent judgment by the South Gauteng High Court warns users to be careful when publishing, sharing, commenting on or allowing themselves to be tagged in potentially defamatory online postings. Merely repeating a defamatory statement made by another person also constitutes defamation. Isparta v Richter and Another (2013) ZAGPPHC

WITS scraps its 4-year LLB

WITS announced last month that it was scrapping its 4-year LLB degree program. This means that students will now have to complete either a three-year BA or BCom degree before enrolling for the 2-year postgraduate LLB program. Whether other South African universities follow suit remains to be seen but the 4-year LLB has been heavily criticised in recent years, with …

Consumers easily switch to rivals

“Research shows that 76% of South African consumers switched one of their service providers in the past year due to poor customer service.”

US Apartheid Lawsuit

Today marks the deadline for the filing of a complaint in a US lawsuit against Ford and IBM for encouraging race-based human rights abuses in apartheid-era South Africa. Despite limitations being placed on the ambit of the Alien Tort Statute (ATS) (that lets non US-citizens pursue some cases in US courts over alleged violations of international law) in the case …

Fairbridges History – Henry Arderne

In 1902 the then senior partner of Fairbridges, Henry Arderne, donated the sum of £ 1,250 payable in five annual instalments to the South African College, later the University of Cape Town, to endow a chair of English language and literature. Arderne was a partner of Fairbridges from 1864 to 1908 and a highly respected man. He was well travelled …

Clean Power Africa Conference

Cape Town will play host to the Clean Power Africa conference on 13 and 14 May. The conference will take place at the CTICC and deal with the harnessing of hydro, wind and solar power.