When a debtor defaults on payment to a creditor, one remedy available to a creditor is to obtain an emoluments attachment order whereby the debtor is ordered to pay off the debt in installments that are deducted from the debtor’s salary by his or her employer and paid...

In the case of Stand 278 Strydom Park (Pty) Ltd v Ekurhuleni Metropolitan Municipality (unreported case no 23503/2014), the court had to consider whether a municipality is entitled to terminate the supply of municipal services to a property due to unpaid historical...

Property groups and other companies are being warned to gain a thorough understanding of the new International Financial Reporting Standard 16 Leases (“IFRS 16”) rules, which will become effect in 2019. These rules will change how, when and at which magnitude expenses...

Claims based on tacit universal partnerships are frequently encountered in divorce litigation, where the spouses where married to each other out of community of property with the exclusion of the accrual system. In the case of RD v TD 2014 (4) SA 200 (GP), the court...

In a recent case, Pecton Outsourcing Solutions CC v Pillemer and Others [2016] 2 BLLR 186 (LC), a court ruled that Pecton, a temporary employment service, was not allowed to give notice of termination of employment to its employees purely based on one of its clients...

Section 9 of the Divorce Act states that when a decree of divorce is granted on the grounds of the irretrievable break down of a marriage, the court may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour of the other,...

Where a debtor has a contractual obligation to pay an amount of money on a stipulated date and the debtor fails to perform in terms of this obligation, the creditor will have a claim for interest on the outstanding amount, known as mora interest. The interest payable...

Contracting out of liability for patent and latent defects is commonly described as a “voetstoots” clause. This provides a seller with a defence against a claim that a buyer may bring, based on the discovery of a latent defect. However, it does not provide a defence...

Email disclaimers are so widely used that most people do not even pay attention to their content. There is currently no legal theory or doctrine under which an email disclaimer would be enforceable in South Africa and such has never been tested in a South African...

In the case of Western Platinum Refinery Ltd v Hlebela & Others (2015), the Labour Appeal Court confirmed that an employee who is bound implicitly by a duty of good faith towards the employer, breaches that duty by remaining silent about knowledge possessed by the...

The Institution of Legal Proceedings Against Certain Organs of State Act, No. 40 of 2002 (“the Act”), makes provision for specific notice requirements when instituting legal proceedings against certain organs of state in respect of the recovery of a debt. In terms of...

The recent Labour Appeal Court (LAC) judgment of Hendor Mining Supplies v NUMSA was an important judgment, especially as it relates to the prescription of these claims. On 18 August 2003, Hendor Mining Supplies (Employer) dismissed employees for taking part in an...

Section 86 of the Deeds Registries Act 47 of 1937 provides than an antenuptial contract must be registered, failing which it will be of no force or effect as against any person who is not a party thereto. In the case of S v S [2015], the parties entered into an...

Minister of Environmental Affairs, Edna Molewa, intends to appeal the judgment handed down in the Pretoria High Court, setting aside the moratorium on the domestic trade of rhino horn, and accordingly the Department's application for leave to appeal will suspend the...

In the recent case of South African Transport and Allied Workers Union v Fidelity Supercare Cleaning Services Group (Pty) Ltd [2015], the court was asked to consider whether an employer was entitled to rely on the contractual provisions in an employment contract to...

The Minister of Labour, Mildred Oliphant announced that, in terms of Sectoral Determination 7, wages in the domestic worker sector will be increased from 1 December 2015. An employee that works more than 27 hours in Area A (major metropolitan areas) should be paid no...

Prior to the commencement of the Labour Relations Amendment Act (No. 6 of 2014), in January 2015, a Temporary Employment Service (“TES”), also known as labour brokers, were considered to be the employer of its employees, as opposed to the client of the TES, for whom...

In terms of section 205(3)(a) of the Labour Relations Act, No. 66 of 1995 (LRA), an employer must record details of strike, lockout or protest action in LRA Form 9.2 (LRA form). The Industrial Action Report takes into account all labour disputes, including those that...

On 24 September 2015, in the case of RH v DE, the Supreme Court of Appeal abolished the law allowing civil damages claims against a third party for adultery. Whereas previously an innocent spouse was able to bring an action for damages against a third party with whom...

Only the owners of residential properties, built by registered homebuilders and enrolled with the council, are entitled to the remedies under the Housing Consumers Protection Measures Act No. 95 of 1998. When a homebuilder is registered with the NHBRC and the home is...