To DVD or not to DVD – the Consumer Protection Act in practice
Charlize is an avid cinema fan. Since she watches films on DVD each and every week, she takes out a DVD contract with her local DVD store, and units are…
Employee or independent contractor?
The question whether someone is an employee or an independent contractor is one which the courts and CCMA have had to consider time and again over many years. The issue…
The consumer’s right to a refund
Since the commencement of the Consumer Protection Act, there have been some businesses who have stubbornly resisted compliance with its provisions, for example declaring as a shop policy that no…
Making sense of legalese: the “whole agreement” clause
Almost any agreement you sign will conclude with a number of paragraphs, written in dense legalese, and often printed in very small letters. These concluding paragraphs are not only scarcely legible -…
Why are the Marikana miners out in the cold?
The Marikana miners injured and arrested in the violence last year have approached both the High Court and the Constitutional Court in recent days, seeking an order for interim funding…
What does the South African attorneys’ profession look like in 2013?
The extent to which South Africans of all races and genders are equally able to enter the attorneys' profession has long been a matter of concern. The Justice Portfolio Committee…
21st Century South Africa’s Lords and Ladies of the courtroom
Sitting in one of South Africa’s High Courts, one could be forgiven for wondering if one had been transported back in time and across the continents on hearing judges being…
The new Protection from Harassment Act
In today’s post we take a closer look at the new Protection from Harassment Act, which became effective as law on 27 April 2013.The new law empowers any person who…
What is a spoliation? A relic of Roman canon law, alive and well in SA in 2013
A spoliation is any wrongful deprivation of another’s right of possession. It can include various acts, such as when a thief steals your car, or a landlord owed arrear rentals…
Requirements for a valid will
Is there more to preparing a will than recording your wishes in writing, signing the document and keeping it somewhere safe for future reference? Yes, in South Africa wills must…