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Formation of valid contracts in South AfricaReaffirmation of the principle “ignorance of the law is no excuse”. A warning to companies and their directors from Weissensee Kim v Stone-Bird investments (Pty) Ltd and others 2020/19821 [2022] ZAGPJHC 817 (17 October 2022).Formation of valid contracts in South Africa
Intellectual property ("IP") is a category of property that includes intangible creations of the human intellect. IP rights protect works or creations that are tangible i.e.
Formation of valid contracts in South Africa
Intellectual property ("IP") is a category of property that includes intangible creations of the human intellect. IP rights protect works or creations that are tangible i.e.
An Overview of Intellectual Property Protection in South Africa
Intellectual property ("IP") is a category of property that includes intangible creations of the human intellect. IP rights protect works or creations that are tangible i.e.
Dawn raids on the rise
The dawn raids that were conducted by the South African Competition Commission ("Commission") on 25 August 2022, on eight insurance companies, may lead to an increase in the Commission conducting more dawn raids for the r
A critical analysis of the BBBEE Commission in adjudicating fronting cases
Cargo Carriers Proprietary Limited v The Broad Based Black Economic Empowerment Commission and Others [case number 76000/2019] and Sasol Oil Limited v The Broad Based Black Economic Empowerment Commission and Others [case
Ooops! This contract has no cancellation clause. How do I get out of it?
When a contract is drafted, the termination clause must be considered, and the intention of the parties must be clear when it comes to the duration of the contract and the termination thereof.
Notifiability of a merger in South Africa
Failure to notify the Competition Commission of South Africa ("Commission") of a notifiable merger or implementing a notifiable merger before approval being obtained is a contravention of the South African Competition Act
INTELLECTUAL PROPERTY PROTECTION IN SOUTH AFRICA.
Intellectual property ("IP") rights are the rights that are given or conferred on the creators or owners of intellectual property works. IP is a category of property that refers to creations of the mind such as inventions
Merger Control
A merger is not required to be notified to the Competition Commission of South Africa ("Commission") where the acquiring firm has sole control in a target firm, and the acquisition of additional shares still maintain the
What is competition law?
Competition law is a branch of law built on the rules established with an aim to protect competition in the markets for goods and services.
Do Maintenance Claims Prescribe After 30 Years or 3 Years
Since covid-19 invaded our shores, it has not been, and it could not be, business as usual. Businesses all around the world have had to adapt their practices in response to the threat of the corona virus. One such recent
Protected Disclosures Act: Interdicting the employer for ‘occupational detriments’ – lessons from NEHAWU obo N Phathela v Office of the Premier: Limpopo Provincial Government and Others (J1480/2021) [2022] ZALCJHB 8.
Since covid-19 invaded our shores, it has not been, and it could not be, business as usual. Businesses all around the world have had to adapt their practices in response to the threat of the corona virus. One such recent
Can an employer dismiss unvaccinated employees? A critical analysis of the CCMA award in Theresa Mulderij v The Goldrush Group (case number GAJB 24054-21).
Since covid-19 invaded our shores, it has not been, and it could not be, business as usual. Businesses all around the world have had to adapt their practices in response to the threat of the corona virus. One such recent
Dismissals: The how to’s
You need to dismiss an employee. The legal framework regulating dismissals is vast and complex. Without expert, professional legal assistance, you can very quickly find yourself in a quagmire of legal uncertainty.
Legal Alert: Misrepresentation and the Fiduciary Duty of Good Faith
In a recent case of CDH Invest NV (CDH) v Petrotank South Africa Pty Ltd (Petrotank), the Supreme Court of Appeal (SCA) held that failure by company directors to disclose the true purpose of a proposed resolution amounted
Your Partner in Law, Tax and Intellectual Property.