By Ashleigh Butler, Candidate Attorney and Justin Sloane, Partner Introduction On 15 March 2020, COVID-19 was declared a national disaster in terms of the Disaster Management Act 57 of 2002 (“the Disaster Act”), with the nationwide lockdown commencing on 27 March 2020. The purpose of this article is to provide the reader with a basic
By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction As of 1 May 2020, South Africa entered an “Alert Level 4” of lockdown, down from the previous Alert Level 5. This has warranted amendments to specific regulations in order to enable the safe and compliant reopening of certain permitted business enterprises across
By Elani Vogel SCHINDLERS CLE CASE TITLE Association of Mineworkers and Construction Union and Others v Ngululu Bulk Carriers (Pty) Limited (In Liquidation) and Others (CCT15/18) [2020] ZACC 8 (6 May 2020) CATEGORY Labour Law  BACKGROUND AND SUMMARY In this matter, the Constitutional Court (the “Court”) had to consider two preliminary points which had succeeded
By Gary Boruchowitz Senior Associate and Frank Sebatana Candidate Attorney  Background With societies worldwide forced to move swiftly into a digital reality due to the Covid-19 pandemic, it will become increasingly important to protect your original work from copyright infringement. Many tech savvy copyright infringers exist on the web and will illegally appropriate your work
By Tayla Bruce, Candidate Attorney and Lee Binneman, Partner 1. Introduction The COVID-19 pandemic will leave a long-lasting impact on businesses worldwide.  The rapid spread of the illness and the subsequent nationwide lockdown imposed in South Africa have forced businesses to take practical and pro-active steps to mitigate losses and ensure their survival. Naturally, the
By Sarah Thackwell, Partner and Kerry Theunissen, Senior Associate Introduction COVID-19 and the resultant national lockdown have created uncertainity with both consumers and suppliers in respect of their contractual rights and obligations and, more particularly, their rights and obligations in relation to cancellations, postponements and refunds. 1. In March, the Office of the Consumer Goods
By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction Since the start of the national lockdown, the Minister of Employment and Labour has been proactive in providing employers with alternative solutions to avoid retrenching employees. However, the negative economic impact caused by the Covid-19 pandemic may be so severe that employers may
By Celeste Frank and checked by Jeannique Booysen Background This is an application for special leave to appeal in which the Supreme Court of Appeal overturned findings and orders made by the Gauteng Division of the High Court, Johannesburg regarding living annuities and the calculation of accrual claim at date of divorce. Mrs Charmaine Montanari
By Kyle Venter, Candidate Attorney, Dingumuzi Ndhlovu, Associate and Lisa Schmidt, Associate Introduction  This article seeks to examine the legal requirements for the lawful use of electronic signatures. It will focus on the use of electronic signatures in the legal industry. 1. Why a focus on the Legal Industry? Unlike most industries that have embraced
By Wade O’Connor, Candidate Attorney and Caitlin Wilde, Partner Introduction Since the dawn of the internet, cybercrime has been an ever-present threat. As technology develops, so too does its users’ capabilities. President Cyril Ramaphosa has described COVID-19 as an ‘Invisible enemy’, however, 2021 could pose a new threat in the form of an ‘invisible criminal’.