June 2017


Editor’s Note - June 2017 Editor's Note June 2017

Putting together the three top student features is always a mammoth task. There are various stages in the communication with those who participate – advise; request; cajole; remind; finally, and unashamedly – nag. There are more and more people graduating from university and, specific to the legal industry, there are too many bright young hopefuls for the jobs available.

Read More

A tale of a parking space and not-racist racist comment Employment Law June 2017

The Labour Appeal Court recently reminded us that the test that applies to the determination of whether calling a person by a derogatory or abusive name or term is an objective one.

Read More

An employer’s obligations Employment Law June 2017

On 7 March 2017, Liberty Group Limited v M (JA105/2015) [2017] ZALAC 19 (7 March 2017) the Labour Appeal Court handed down a judgment in terms of which it found Liberty Group Limited liable under s60 of the Employment Equity Act (EEA) for having failed to take reasonable steps to protect an employee on becoming aware of her sexual harassment at work by her immediate line manager, a Mr Andrew Mosesi.

Read More

Different route; same conclusion Law of Succession June 2017

It has always been a principle of the South African law of succession that every person has the right to determine, of their own free will (the only cost being that paid to the legal profession for drafting), upon whom their assets shall devolve when they die. This is the principle of freedom of testation, and is really a corollary to the right to private property: just as one has the right to deal with one's assets while alive as one chooses, so one is afforded one last "act of will" with which to deal with them upon death.

Read More

Court gets tough on employees’ Contempt of Court Order Employment Law June 2017

Section 165 of the Constitution provides that courts are vested with judicial authority, and that no person or organ of state may interfere with their functioning. In order to ensure that the courts' authority is effective, s165(5) makes an order of court binding on "all persons to whom and organs of state to which it applies".

Read More

Laws must change if the state hopes to limit medical malpractice awards Medical Law June 2017

A recent appeal court judgment, The MEC for Health and Social Development of the Gauteng Provincial Government v Zulu (1020/2015) [2016] ZASCA 185 (30 November 2016), has held that the state cannot offer free future medical treatment in lieu of paying monetary damages upfront.

Read More

Could competition law and patent law successfully tie the knot? Competition - Intellectual Property Law June 2017

South Africa has one of the most developed pharmaceutical manufacturing industries in Africa and it can be argued that patent law and competition law have contributed significantly to the success of this sector. That being said, competition law is rapidly evolving in Africa and currently all industries are attracting scrutiny from the competition authorities. Globally, the pharmaceutical industry is but one of the industries in the spotlight. It is, therefore, only a matter of time before the pharmaceutical sector will be examined more closely in South Africa. The driving force behind the increased scrutiny may be the ever growing basic need, by people all over the world, to have access to affordable medicine. This makes the intersection between competition law and patent law relevant.

Read More

The delicacies of delegation Company Law June 2017

The board of directors is responsible for the management of the corporate affairs and business of a company.

Read More

Blowing the whistle on cartels Competition Law June 2017

Global competition authorities are increasingly likely to introduce sophisticated tools which enable individuals to come forward and disclose anticompetitive conduct, in addition to corporate leniency policies which incentivise companies to confess anticompetitive conduct in return for immunity from fines.

Read More

It’s as easy as “Click”! The Law June 2017

Charles Dickens' opening line to one of the greatest novels of all time, A Tale of Two Cites, being "It was the best of times, it was the worst of times" adequately sets the scene with regard to state interplay.

Read More

To SVDP or not to SVDP? Tax June 2017

The South African Minister of Finance announced a Special Voluntary Disclosure Programme (SVDP) in his Budget speech on 24 February 2016. The motivation behind this was to afford taxpayers a final opportunity to regularise their offshore tax position prior to SARS being made aware of residents' offshore interests via the international automatic exchange of information under the OECD Common Reporting Standard (the CRS).

Read More

Gauteng tries to muzzle its public by stealth Information Law June 2017

In May this year, without prejudice reported on plans by the Gauteng Provincial Government to dispense with public notices in newspapers in so far as land use and development are concerned. This is but one example of a series of recent proposals to remove information from the public arena by dispensing with newspaper notices in various contexts. Examples are the Gauteng Planning and Development Act (3 of 2003) and the Law Reform Commission's Discussion Paper 110 (Project 134 October 2005) dealing with the Administration of Deceased Estates Act (66 of 1965).

Read More

South Africa as a preferred arbitration venue on the horizon? Arbitration June 2017

As the world becomes more globalised, and as ongoing international investment interest and economic growth across Africa continues unabated, a sound international arbitration framework provides international and local businesses in Africa with a comfortingly familiar process. The process, if managed properly, can provide private, effective and cost effective dispute resolution for those venturing into new markets or growing in existing markets.

Read More

Certification of class actions – a matter of timing Litigation June 2017

Can a class action be certified after the action has already been instituted? This was one of the issues in a recent judgment of the Gauteng Local Division of the High Court, Johannesburg in National Union of Metal Workers of South Africa (NUMSA) v Oosthuizen 2017 JDR 0530 (GJ).

Read More

Another building block to carbon tax Environmental Law June 2017

The National Greenhouse Gas Emission Reporting Regulations (Final Regulations) published by the Minister of Environmental Affairs took effect on 3 April and introduced the first single national reporting system for the quantification and transparent reporting of greenhouse gas (GH") emissions.

Read More