Is blockchain the future for transactions?

Unless you’re an avid fan of cryptocurrency and trading in Bitcoin or Ethereum, you’ll be forgiven for not having a clue about what blockchain is or does. However, chances are that you’ve come across the word more and more frequently in the past five years. As with many things that gain prominence throughout the years, a point eventually arrives where not speaking about it comes at your own …

Communication: The key to finding your new home

Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers, companions, gurus, and partners to buyers, sellers, landlords and tenants alike. The strength of this relationship, however, is built on a foundation of open communication and transparency. When your estate agent is working off of lacklustre information, half-truths and muddled facts, the results can be disastrous for everyone involved. For …

The responsibility of the defendant when rebutting a case for defamation

The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus follows that a person who is defamed must have legal recourse to protect and vindicate their constitutional right. A party who intends to claim for defamation must do so in terms …

How the amendment to the Civil Union Act affects marriage officers

The Civil Union Act 17 of 2006 (“the Act”) was enacted to provide for the solemnisation of civil unions by way of either a marriage or civil partnership. The Act defines a “civil union” as the— “voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or …

When is a consumer entitled to a refund?

Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, there seems to always be a reason for a sale. The question that the consumer may have is: What if I buy something, on a sale or otherwise, and later change my mind about it — am I always …

The importance of contract renewal after expiry of fixed-term contracts

In Department of Agriculture, Forestry and Fisheries v Teto and Others,1 the Labour Appeal Court (“LAC”) considered whether the termination of employees initially engaged on fixed-term contracts constituted a dismissal on the basis that the employees had become indefinitely employed when they were permitted to work beyond the expiry date in their fixed-term contracts. In this case, the employees had been engaged on fixed-term contracts …

Thinking of buying your first property?

The question of whether renting or buying is the best is almost always in circulation in the real estate industry. While one is affordable in the short term, the other holds more benefits in the long run. In 2020, however, things took a turn, and the answer to the question may be a bit clearer than usual. Historically low interest rates and an increase …

The POPI Act is about more than just adding new rules

The right to privacy is enshrined in Section 14 of South Africa’s Constitution and we understand it to be a vital human right. It states: “Everyone has the right to privacy, which includes the right not to have – (a) their person or home searched; (b) their property searched; (c) their possessions seized; (d) the privacy of their communications infringed.” It’s the last part …

Who is responsible for a child’s wellbeing?

By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support. The common law and the Children’s Act recognise that parents are the primary caregivers of their …

Considerations for dismissal based on refusal to be vaccinated

The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with caution by all employers. As it stands, there is currently no legislation in South African law that specifically requires an employee to be vaccinated against COVID-19. As a point of departure, the Occupational Health and Safety Act mandates all employers to provide and …