Legal Magazine

The events surrounding the detention of Netherlands' supporters advertising Bavaria Beer at the recent FIFA World Cup, has focused the spotlight on the legislative measures that were passed to prevent ambush marketing. In particular, it has raised questions not only of the effectiveness of such legislation in practice, but has also raised interesting questions of whether, in certain circumstances, the legislation, and the manner in which it is enforced, may not lead to the infringement of rights entrenched in the constitution, most notably the right to freedom of expression and freedom of economic activity. More...

Section 344(h) of the Companies Act 61 of 1973 provides that a company may be wound up by the court if it appears to the court that it is just and equitable to do so. The word "may be wound up" grants to the court discretionary powers to decide whether to wind up irrespective of the grounds for winding up. A requirement is that the discretion must be exercised on sound juridical grounds. The proper exercise of the juridical discretion can only be made if the court has regard to the detailed grounds and reasons for the winding up of the company. More...

Sex workers occupy a precarious position in South African society regarding their legal rights. The Sexual Offences Act 23 of 1957 criminalises brothel keeping and carnal (sexual) intercourse for reward. Within this context, the rights of sex workers as employees were vague due to the illegal nature of their trade. More...