Legal

A claim  in the case of Joubert and Others v Louw (CIV APP RC 08/2022) [2023] ZANWHC 102 (22 June 2023) was dismissed by the High Court on the grounds that the respondent lacked the requisite legal standing to litigate on behalf of her husband who was the party to the contract sued on.

As organisations navigate the maze that is the Protection of Personal Information Act (POPIA), many still struggle to understand the implications and requirements of the Act. The importance of bridging the gap between cyber and legal aspects when addressing data privacy concerns under POPIA is highlighted.

This Supreme Court of Appeal judgment, Churchill v Premier, Mpumalanga (889/2019) [2021] ZASCA 16 (4 March 2021), dealt with the case of the plaintiff who was mistreated and injured in the course of a protest by trade union members on premises where she was employed.

Breast milk has long been acknowledged as nature’s perfect food for infants. Its unique properties continue to benefit children long after their mothers have stopped breastfeeding. For working women, breastfeeding is easy and convenient to do while they are on maternity leave, but it becomes significantly more challenging when they return to work.

A recent Supreme Court judgment has clarified that ministerial consent under section 11 of the Mineral and Petroleum Resources Development Act (MPRDA) is needed for both direct and indirect changes of control of a company that holds mining rights.

In a recent finding by the CCMA the Commission upheld the dismissal of a university senior academic who had copied and pasted blocks of borrowed material into a published article without acknowledging the sources.

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.

The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to, and uphold all its principles. There is a need to discuss the principle of separation of powers as enshrined in the constitution, with regards to Regulation 7 to Road Accident Fund Act 56 of 1996, as amended.

A few years ago, several well-known short-term insurance companies took legal action against an intermediary company due to the damages they incurred as a result of the intermediary's collapse. The intermediary, presently in liquidation, was responsible for the collecting and accounting of premiums owed to the insurers.

In many cases when employers hire executive level, management or key employees, there is a recognition that these hires can impact the success of the business, due to the individual's recognition in their industry, or knowledge and experience, or client and customer relationships, or a combination of all of these qualities.