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When Should a Court Interfere in a Contractual Relationship? Weighing the Principles of Pacta Sunt Servanda and Public Policy

The principle of pacta sunt servanda translates literally as “agreements must be kept” and forms the basis of the common law of contracts. When two parties willingly and knowingly enter into a contract, the terms of that contract should be upheld by both parties. In the case of Mohamed’s Leisure Holdings (Pty) Ltd v Southern
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Penalty Fees/Charges and Sectional Title Bodies Corporate

In this article we look at the legality of different kinds of penalties and legal fees imposed by sectional title bodies corporate against defaulting owners in terms of the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”) and the Regulations thereto, the Conventional Penalties Act 15 of 1962, the National Credit Act 34 of
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Transfer of Business: Section 197 of the Labour Relations Act and the Obligations It Creates

Introduction This article examines the effect of section 197 of the Labour Relations Act No. 66 of 1995 as amended (the Act) on employees and employers’ rights and obligations during the transfer of a business as a “going concern”. This article will also discuss the treatment of various types of employees during a section 197
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Sexual Harassment in the Workplace: The Employer’s Obligation to Take Positive Steps in Protecting Its Employees

By Pierre van der Merwe, Partner and Charlotte Clarke, Candidate Attorney, 8 November 2017   Introduction The issue of sexual harassment is in the spotlight recently with everyone from Hollywood director Harvey Weinstein to our own South African politicians coming under fire for their conduct. The #MeToo movement has further encouraged victims of sexual harassment
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How Many Queries Do I Have To Log??

City of Johannesburg Metropolitan Municipality (“COJ”) has recently stuck up posters in its walk-in centres advertising its “RSSC Query Escalation Process”. The RSSC Query Escalation Process In terms of the COJ’s latest RSSC Query Escalation Process (which is an internal policy that has been communicated to the public) an aggrieved customer must do the following
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