September 2014


Blood from a stone Employment Law September 2014

Reports suggest that the negative effects of reckless lending, enforced through emolument attachment orders (EAOs), play a significant role in the labour unrest experienced in South Africa. Workers, thinly stretched financially, are tempted into obtaining short-term loans at high interest rates to plug holes left by rising cost of living and suppressed income growth.

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Draft the terms you mean Employment Law September 2014

In the recent judgement of Food and Allied Workers Union v In2Food (Pty) Ltd (JA61/2013), the Labour Appeal Court, in considering when a union can be held liable for contempt of court, emphasised the need to take care when drafting the terms of an interdict.

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The sanctity of statutory rights Employment Law September 2014

The Constitution affords every worker the right to fair labour practices and the right to strike. Simultaneously, it affords every trade union, employers' organisation, employer and employee the right to engage in collective bargaining. On the other hand, the Labour Relations Act1 (LRA) confers a number of rights on employees which no-one may prevent them from exercising.2 These different rights often conflict, particularly where collective agreements between trade unions and employers or employers' organisations seem to limit or oust the employees' statutory or common law rights. The question is whether one can “contract" out of one's Constitutional and statutory rights.

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Tales from the US of A... - September 2014 International September 2014

Lawyer banned from representing women for life

A Connecticut lawyer has been suspended for four months and barred from representing female clients for the rest of his career. This is the second penalty for abusing his relationship with women clients referred to him in family law and domestic-violence cases. He has made unwanted advances to female clients and offered to waive attorney's fees in one matter in exchange for a massage.

Debra Cassens Weiss August 6

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The World in August - September 2014 International September 2014

It has been reported that a daily dose of Aspirin taken by 50 – 64 year olds for 10 years could prevent at least 130 000 cancer related deaths in the UK over two decades. Needless to say there is a down side – over the same period around 18 000 people will die mainly due to internal bleeding and strokes as a result of widespread Aspirin use.

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Ubuntu and the law: a trend in judgements Contract Law September 2014

The Constitutional Court, which has been given wider jurisdiction to hear matters of public importance due to an amendment to the Constitution, recently handed down a judgement that is expected to have a significant impact on the principles of the law of contract in South African law.

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Deed of suretyships to be perused by sureties Contract Law September 2014

Note to reader: Aidan Kenny and Chanelle Williams in the August issue of without prejudice dealt with the issue of misconception of a continuing suretyship and how a creditor can safeguard himself. In this article Aidan Kenny deals with the flip side of the coin; namely the rights and protection afforded to the surety in a continuing covering suretyship, which was at the forefront of various decisions of our courts.

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When not to entrust a trust Trust Law September 2014

Trusts are often created to consolidate and protect assets for tax purposes and estate planning. In the case of a minor or an incapacitated adult, trusts are used as a vehicle to protect their assets and ensure they are provided for.

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Consumer Credit Insurance revisited Consumer Law September 2014

In line with the general legislative trend to tighten up the credit market, as well as the associated cost, the National Treasury (NT) and Financial Services Board (FSB) have issued a Technical Report on the Consumer Credit Insurance Market in South Africa for public comment.

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Phase 2 food labelling – friend or foe? Consumer Law September 2014

Food labelling in South Africa was given a much needed overhaul in 2011 with the introduction of new regulations relating to the labelling and advertising of foodstuffs, replacing outdated seventies-era regulations.

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The partial commencement of the Protection of Personal Information Act, 2013 Consumer Law September 2014

On November 26 2013, the President signed into law the much anticipated, Protection of Personal Information Act, 2013 (POPI Act). However, the commencement date has yet to be proclaimed.

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Remedial measures Tenders September 2014

Part 3: On November 29 2013, the Constitutional Court (CC) delivered a landmark judgement in AllPay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer, South African Social Security Agency and Others 2014 (1) SA 604 (CC) (AllPay 1). In this case, the CC declared that the award of a tender to Cash Paymaster Services (CPS) to provide services for the payment of social grants over a period of five years for all nine provinces, was constitutionally invalid. The CC suspended the declaration of invalidity pending the determination of a just and equitable remedy. The CC ordered parties to furnish it with up-to-date factual information on affidavit before a further hearing was held, for the purposes of determining the appropriate remedy. The CC handed down a further judgement on April 17 2014 (AllPay 2), which set out the remedy. This article is the third article in a three-part series of articles which considers the implications of the AllPay judgement on government procurement contracts.

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Righting the loss? – Wrong Platteland Perspective September 2014

For someone living a simple rural life the idea of having – let alone losing – R9m is unimaginable. For a small-scale scoundrel like Bru Jakkals it's just as fantastic.

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Just Google it? – FORGET IT! Technology/Media/Telecommunications September 2014

Search engines have revolutionised the way in which internet users can find information pertaining to just about anything. A common response to a question to which one does not know the answer is, "Google it".

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National News - September 2014 National News September 2014

Lizel Oberholzer joins the firm as a director in its Cape Town practice. Oberholzer is a leading oil & gas lawyer who focuses on the upstream and midstream sectors. Her considerable energy, resources and utilities regulatory law and project experience complements the practice's existing expertise in these sectors in Africa.

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