Legal

Ivan Israelstam | Chief Executive | Labour Law Management Consulting | mail me | South African statutory and case law provides heavy protections for employees. For...

The strength of the Rule of Law in a country ranks among the top three considerations when multinationals make decisions about where to locate foreign direct investment – above considerations such as the cost of doing business and access to national and regional markets. 

Very recently, the Amabhungane Centre for Investigative Journalism challenged portions of the Regulation of Interception of Communication and Provision of Communication Related Information Act (RICA) in the Pretoria High Court. 

Airports Company South Africa (ACSA) directors should reread the personal liability sections in S45 in the Companies Act 2008 (the Act) before extending any further largesse to SA Express Airways (SAX).

Legislation which governs hate speech must be interpreted in line with the constitutional right to freedom of expression, and anyone who is accused, or who accuses others, of hate speech, must be treated equally without regard to their inborn characteristics.

Over the years, and particularly since the dawning of the Constitutional era, litigants have tried to rely on the principals of fairness and public policy to justify departure from certain contractual obligations.

The delinquency provisions in the Companies Act are emerging as a key remedy against misconduct by directors in both the public and private sectors. What we have seen recently is that these delinquency provisions are increasingly being used to hold directors to account for misconduct. Directors must take note of this, because the penalties are extremely severe.

An essential component of the rule of law is the existence of impartial courts where disputes are resolved fairly without favouritism to one of the parties. This is important for the economic welfare of individuals in a country because no modern economy can survive without individual property rights or contracts.

Legal Aspects of Financing Corporates covers the gamut of legal and taxation implications concerning the financing of corporates and will be of great use to postgraduate students in commercial law, corporate advisors, lawyers, in-house counsel, financial institutions and SARS employees.

We now have the next (and final?) edition of the National Health Insurance Bill which, aspirationally and inspirationally, seeks to achieve universal access to quality healthcare services in the Republic of South Africa in accordance with section 27 of the Constitution.