Despite its title, this book encompasses far more than the traditional common law contractual relationship between landlord and tenant. The provision of housing, shelter, and “a roof over your head” for the homeless has become a critical political and socio-economic issue in South Africa’s new constitutional dispensation. For close to a century there has been state intervention in the housing …
The 2007 United Nations Declaration on the Rights of Indigenous Peoples has brought to the fore the rights of indigenous peoples to the protection of their knowledge and culture. Established legal intellectual property systems, which view knowledge in terms of private individually-owned property rights that may be commodified in a market economy, are however inadequate to protect indigenous knowledge. It …
It has been said that although South Africans achieved freedom under the Constitution of 1996, they nevertheless remain in bondage. Progress, for example through investment in property development, housing and infrastructure, inevitably requires credit, and creditors require their rights to be secured in the event of default. This may be achieved in a number of ways including mortgage bonds, notarial …
Servitudes are limited real rights in the property of another person. They have their origins in ancient systems of feudalism. That is why many servitudes are agricultural in nature – a right of way across the land of another, the right of the dominant owner to graze or water his livestock on the land of the servient owner, or the …
Globally, Value Added Tax (VAT) has become the most common indirect transaction tax system, since France implemented the first version of a VAT system in 1948. VAT in South Africa currently provides 25.6% of government’s tax revenue. VAT is levied in terms of the Value-Added Tax Act 89 of 1991 (as amended). It potentially affects everything that happens during the …
The theme of this collection of 13 essays is the contribution of African civil society organisations to international criminal justice mechanisms. This includes the International Criminal Court (ICC), as well as regional and national institutions. Civil society groups in Africa are seeking to utilise international and domestic legal frameworks to pursue justice for international crimes committed around the continent and …
This established work on criminal law incorporates major judicial pronouncements in recent cases on important aspects of the subject, including treason, common purpose liability, robbery with aggravating circumstances, racketeering, consensual child sexual experimentation and dolus eventualis (indirect intention). Significant new and amended legislation is also dealt with, such as the Prevention and Combating of Trafficking in Persons Act of 2013, …
The law of evidence is fundamental to the effective functioning of a judicial system in a constitutional state. The authors of this magisterial book set the context: “Courts normally have to make a finding concerning the existence or non-existence of certain facts before pronouncing on the rights, duties and liabilities of the parties engaged in a dispute. In this process of …
What is a derivative action? A company is a juristic person capable of suing and being sued in its own name. Consequently, when a wrong is done to a company, the action is brought by the company itself and not by its shareholders. But a derivative action is an exception to this rule. It is brought by a minority shareholder …
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 …
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 …
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.
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 …
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 …
