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’.
By Marius van Rensburg – Head of Conveyancing and Partner INTRODUCTION With the expansion of e-commerce and the growing use of digital technology in the business world, the Electronic Communications and Transactions Act 25 of 2002 (ECTA) enacted in 2002, has made it easier than ever to facilitate electronic communications and transactions online, via e-mail,
By Wesley Pons, Associate and Elani Vogel, Candidate Attorney 1. Introduction On 16 April 2020, the Intergovernmental Fintech Working Group (“the IFWG”) published its position paper on crypto assets, providing specific recommendations for the development of a regulatory framework for crypto assets in South Africa (“the position paper”). The IFWG is a body of several
Written by David Hepburn, Partner, Jayna Hira, Associate, and Wade Jacobs, Candidate Attorney INTRODUCTION The National Treasury and SARS have implemented measures to assist taxpayers to keep afloat and meet their financial obligations towards their employees and suppliers. In order to apply for requisite tax relief, a taxpayer must be tax compliant, and all tax
LANDLORD & TENANT GUIDELINES CAN A LANDLORD PLACE A TENANT IN BREACH DURING THIS TIME? Yes- If the tenant is in breach, the landlord is entitled to exercise its rights by giving written notice to the tenant as directed by their lease agreement. CAN A LANDLORD CANCEL THE LEASE IF THE BREACH IS NOT RECTIFIED?