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 …
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, …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
The Department of Environmental Affairs (DEA) has recently made environmental licenses automatically available to the public. Unlike the previous position, licenses will now become available without having to submit a request in terms of the Promotion of Access to Information Act (PAIA). This announcement from the DEA came after the Centre for Environmental Rights (CER) pushed to have environmental licences …
Judgment was recently granted out of the Gauteng High Court (Johannesburg) in favour of Moneyweb against Fin24 for copyright infringement. The court found that three of the seven articles published by Fin24, were in part original works of Moneyweb and that Moneyweb had shown that one of the articles had in fact infringed Moneyweb’s copyright. Where the articles fell short …
If legislation is the recipe of law, then court cases are the ingredients. It is the judgments of our courts that both interpret and apply the law, evaluate the evidence, asses the facts, and establish the precedents upon which we all rely. The 60 cases selected for this book include not only some of the classic decisions dealing with the …
In a recent case involving Engen, the Constitutional Court (CC) has found that a subtenant is not allowed to raise a sub-lessor’s lack of title as a defence to eviction. In this matter, Engen Petroleum Ltd (Engen), entered into a lease agreement with the owner of a property. Engen then sublet the property to Mighty Solutions, the applicant, to operate …
There are currently 19 States which are party to the Lusaka Agreement and therefore members of the African Regional Intellectual Property Organization (ARIPO). These are: Botswana, The Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Liberia, Rwanda, São Tomé and Príncipe, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. ARIPO patents, utility models and industrial designs are governed by …
Last year, the Constitutional Court (CC) highlighted the importance of the constitutional right to emergency medical treatment. The case involved a 17 year old boy who had experienced serious spinal cord injuries whilst playing rugby. The hospital that first assessed the boy did not have the facilities to treat him and so he was eventually transferred to a larger hospital …
Brittany Badham-Thornhill recently contributed to an article entitled “Write a Will and Protect Your Legacy” on personal finance and insurance website, Hippo.co.za. Here are some excerpts from the article: “Unlike things like Life Insurance and Funeral Cover policies, you don’t have to be over 18 to draw up a will to determine what happens to your belongings when you pass …
TerraLex is one of the world’s leading international legal networks. With more than 155 top independent law firms and more than 17,000 attorneys in 100 countries, TerraLex members provide the legal resources and expertise needed to conduct seamless business worldwide. Membership is by invitation only and requires a careful review process. Terralex members are well recognised and respected in their …
A new tax clearance system is to be rolled out by SARS. This new system is said to improve efficiency and assist both the taxpayer and third parties to check the compliance status of the taxpayer. The taxpayer will no longer need to attend at a SARS Branch to collect tax clearance certificates, and this should ease up the queues! …
Apple initially claimed that Samsung had infringed eight of its software patents (for example, the ‘slide-to-unlock’ feature) and claimed US$2.2 billion in damages. Apple was awarded US$120 million to be paid by Samsung in lieu of damages but in February this year the US Circuit Court of Appeals overturned the ruling stating that Samsung need not pay any infringement damages …
If you have been unfairly suspended or dismissed; are in a dispute with your employer over working conditions, wages, workplace changes; or have experienced discrimination, sexual harassment or violence at the workplace, you may approach the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA is an independent dispute resolution body established in terms of the Labour Relations Act (LRA). …
