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Marketing practices and the Consumer Protection Act
The Consumer Protection Act 68 of 2008 (the Act) and the regulations thereto came into effect on 31 March 2011 and 1 April 2011, respectively. The Act is aimed at securing and ensuring consumer protection across the board and applies to all major players within the supply chain from, the manufacturer to the end user. More...
Refugees’ right to healthcare
Chapter 2 of the Constitution contains the Bill of Rights, included in this chapter is the right to healthcare. Yet refugees in South Africa are often being refused medical care and services by government clinics and hospitals. The question that needs to be answered is whether this is lawful under our Constitution and the resulting legislation. More...
General damages ….in general
General damages is the broad term given to non-pecuniary loss such as pain and suffering, loss of amenities, emotional harm, etc and is awarded to a plaintiff as part of a compensatory damages to cover all those losses which are not easily quantified as opposed to percuniary damages, ie damages for harm to one's personality and physical integrity. As pointed out by the court in the case of Hendricks v President Insurance 1993 (3) SA 158 C the nature of the damages which are awarded make quantifying the award very difficult. More...
To sue in contract or in delict?
There has been a longstanding debate in South African law on whether to sue in contract or delict when dealing with professional negligence matters. The line of division on whether to sue in contract or delict is not always easily drawn. This principle will be discussed in relation to the recent case of Chibage v Ndawana (2010) JOL 26225 (ZH). More...
Business rescue and thresholds for small businesses
Regulation 127(1)(b) promulgated under the Companies Act 71 of 2008 (the Act) states that companies which are undergoing business rescue proceedings are classified into three groups, namely, large, medium and small companies. A ”small company” is set out as being, "any company, other than a state owned or public company, whose most recent public interest score, as calculated in terms of regulation 26(2), is less than 100". Regulation 26(2) then goes on to state that at the end of each financial year, every company must calculate its ”public interest score”, taking into account various factors, inter alia the average number of employees of the company during the financial year, the amount of rands which the company has in third party liability and turnover during the year, calculated as one point for each R1 million or portion thereof. These provisions apply equally to both companies and close corporations. More...
Application of voetstoets principle and the CPA to sale of assets by liquidators
This article considers the application of the voetstoets principle under the law of insolvency, particularly in the light of the Consumer Protection Act 68 of 2008 (CPA). More...
The variety of skills required of a good business rescue practitioner
The Companies Act 71 of 2008 (the Companies Act) has brought about a unique change in business methods. One of the innovations is the introduction of the concept of business rescue and the appointment of a business rescue practitioner (the practitioner). The practical obligations of business rescue have placed a major responsibility on creditors, directors and shareholders of distressed companies to compromise and “come to the rescue” of companies in financial dire straits. More...
Standard terms and conditions and the Consumer Protection Act
The Consumer Protection Act is predominantly focused on affording consumers the right to fair, just and reasonable terms and conditions (for example, fair contract terms) and the right to fair value, good quality and safety (for example, product liability). Much attention in the Act is directed at safest business practices and processes of organisations, and the terms and conditions under which they operate. Suppliers will have to evaluate whether their business practices comply with the Act and make the necessary changes to their standard terms and conditions. More...
Liability of trade union during a protected strike
Any strike action embarked on by members of a trade union has to comply with statutory requirements as set out in Labour Relations Act (LRA). In compliance with the relevant provisions of the LRA a union and an employer will engage in various negotiations and refer the matter to conciliation if the need arises. Should the parties fail to have the dispute resolved at conciliation, the union may issue a notice on behalf of its members of its intention to call its members out on strike. More...
Liability of trade union during a protected strike
Any strike action embarked on by members of a trade union has to comply with statutory requirements as set out in Labour Relations Act (LRA). In compliance with the relevant provisions of the LRA a union and an employer will engage in various negotiations and refer the matter to conciliation if the need arises. Should the parties fail to have the dispute resolved at conciliation, the union may issue a notice on behalf of its members of its intention to call its members out on strike. More...
It is not compulsory for an employer to pay a 13th cheque to its employees
As the year comes to an end, many employees will be expecting payment of a 13th cheque or Christmas bonus from their employer. Contracts of employment specifically provide conditions under which employees will be entitled to the payment of bonuses. However, where an employment agreement is silent on the payment of a bonus then the issue is subject to the discretion of the employer or negotiation between the employer and employee, whether or not a bonus is to be paid. There is no legal obligation for an employer to pay bonuses to its employees. However, the position is different where the employer has previously paid bonuses to its employees, as the employees have a reasonable expectation that the employer will continue paying the bonuses as it has done in the past. More...
Shielding behind not being granted a home loan
There are many financial implications in the purchasing of immovable property. The reality is that not all of us are able to buy our dream homes without some form of financial assistance from a financial institution. More...
Family reunification – principles, legislation and procedure
Family reunification is a term used to describe a process whereby two or more States cooperate to ensure the reintegration of divided families. Disintegration of the family unit occurs frequently in Africa, with families fleeing their country of origin due to persecution or civil strife. In South Africa we have a number of families that are split, with one member of the family living in South Africa and the remainder of the family living in Europe. More...
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