Surety is a love or hate term depending on which side of the equation you are on. If you are a creditor, you may have heard a thousand times over that it is a necessity to have. If you are the debtor you likely fear signing it but really had no other option. Below we...
The legal position, and available remedies in the case of unreasonable withholding of consent Sally and Peter have a lovely little boy, named John. Sally’s employer has given her the opportunity to work in Germany for 5 years and has indicated that they will pay for...
WHAT EXACTLY DOES THE TERM “CONTRACTUAL FREEDOM” MEAN? The law of contract in South African affords parties the freedom to enter into a contract and who they wish to enter with. The general requirements for a legally enforceable contract are consent, good faith, and...
On 4 February 2022, we presented a workshop and webinar where we explored the basic principles of matrimonial property law in South Africa. In this workshop / webinar we endeavoured to answer some of the most pertinent questions surrounding matrimonial property law in...
At present, the world seems to be sitting on a pressure-cooker. As pro-vaccine and anti-vaccine proponents take to social media, radio, TV, and whichever soapbox they can get their hands on to extol the virtues of their own viewpoint, whilst lamenting the ignorance of t…
Have you ever wondered who keeps the President accountable? In a country where abuse of power seems to be in the headlines daily, is recourse available? Chante Mouton briefly looks at out how the South African legal system deals with misconduct on behalf of s sitting Pr…
In a country with an astronomical crime rate, how do we trust a broken Justice system? Our perception of the South African department of Justice and correctional services is arguably grim. Is it all as broken as it seems? Cathleen Breedt takes a critical look at the sta…
The consumer protection act on cancellation. The good news for Francois is that the CPA does indeed allow for the cancellation of any fixed term agreement. This is provided for in section 14(b) of the Act, which provides that a consumer may cancel a fixed term agreement…
Most employment relationships are governed by a Contract of Employment, which is signed by both the employer and employee. Such Contract of Employment usually sets out how and when the working relationship between the parties will terminate. This means the Contract of E…
