Nov 15, 2017 | Litigation and Dispute Resolution
What exactly constitutes a defamatory comment or statement? What needs to be proved by the complainant? More importantly, are there any defences available for the defamer? What is defamation? Defamation can be described as the wrongful and intentional publication of a...
Nov 14, 2017 | Criminal Law, Labour and Employment Law, Litigation and Dispute Resolution
Most employers are unaware that they can be held liable for the actions of their employees. Vicarious liability is where someone is held responsible for the actions or omissions of another. In Neethling’s Law of Delict, he describes liability as “the strict liability...
Nov 3, 2017 | Conveyancing and Property Law, Litigation and Dispute Resolution
A personal servitude is when a particular person (known as the holder) is given the right to use and enjoy another’s property. It is always in favour of a particular person. Personal servitudes are enforceable against the owner but cannot be transferred by the...
Oct 25, 2017 | Litigation and Dispute Resolution
In South African law there are various mechanisms involved in dispute resolution and an alternative to litigation and the common court system is arbitration. The Arbitration Act Arbitration in South Africa is governed by the Arbitration Act 42 of 1956. It is expressly...
Sep 22, 2017 | Immigration Law, Labour and Employment Law, Litigation and Dispute Resolution
Is a foreign national employed in South Africa, in the absence of a work permit, considered an employee in terms of the Labour Relations Act No 66 of 1995 (LRA)? Both employers and foreign nationals are often faced with the threat of a lapsed work permit in view of...
May 23, 2017 | Litigation and Dispute Resolution, Regulatory
A recent trend amongst South African restaurants, in particular at fine-dining establishments and stylish boutique eateries, is to request a non-refundable deposit upon making reservations. The question is, however, whether restaurants are entitled to such a deposit?...
