Legal profession regulation threatens judicial independence in the long-term
Since the Legal Practice Act of 2014 came into operation, a change came about in the legal community that is unnoticeable on the surface, but which will have significant consequences over time. Prior to the Act coming into operation, the advocates’ profession regulated itself according to its own institutional ethos and the standards set by its members. Now, the profession is ultimately controlled by the Department of Justice (DoJ), through the Legal Practice Council (LPC).
When are pleadings vague and embarrassing?
An exception may be raised when a summons or a pleading has an inherent defect. The main object of raising an exception is to shorten the legal proceedings because it would be unfair or prejudicial to one party if the matter were to continue.
JUDGEMENT | The role of incapacity in dismissals for misconduct
A recent judgement by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances.
Alcohol and drug testing – some do’s and don’ts for employers
The law on intoxicating substances in the workplace is clear. The Occupational Health and Safety Act places a strict obligation on employers to ensure that they do not allow entry to the workplace if an individual is intoxicated, whether under the influence of alcohol or drugs.
Counterfeit crime sentencing – the dilemma of leniency
We see it weekly in the news. Headlines like “South African National Anti-Counterfeit Task Force seizes counterfeit goods worth R100 million, suspects arrested” capture attention. However, what happens to these suspects after their arrests and charges?
Sabinet’s instant online access to South African legislation
Laws governing a country are never static. Legislation is the backbone of a society. It enforces the rights and responsibilities of individuals and authorities. As society changes, so must the law, it needs to constantly improve and be amended in line with what works and what does not.
Preparing for an arbitration hearing in the CCMA
The Commission for Conciliation, Mediation and Arbitration, commonly known as the CCMA, is a statutory body which aims to “advance economic development, social justice, labour peace and the democratisation of the workplace”.
PODCAST | Important court win for small business owner against SARS
An interview with Jean-Louis Nel, Tax Attorney, Tax Consulting SA, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing how the Pretoria High Court granted a small business owner an urgent basis for relief against SARS who depleted his bank account without following due process.
You can be fired for not reporting suspicious conduct of colleagues
The dismissal of an employee who failed to report the suspicious conduct of her colleague, in relation to missing monies, was found to be substantively fair. The failure of the employee to inform an employer of their business interests being improperly undermined, constitutes derivative misconduct for which dismissal may be afforded.
Terminating fixed-term contracts a headache
It often happens that an employer needs to terminate fixed-term contracts prior to its natural expiry date because there is unexpectedly no more work for the temporary employees. This can be tricky.
