Tag: common law
Directors’ role as the cornerstone of the governance ecosystem
The governance ecosystem is touted to give accountability, transparency, fairness and responsibility as the pillars on which corporate governance is built to all stakeholders and sanction or root out perverse conduct in an appropriate and balanced manner. This should keep the equilibrium of all stakeholders’ rights and obligations in check.
Legal reforms needed to combat unauthorised image use
If your image (physical image, voice, signature, likeness, etc.) has been used without your consent for commercial purposes, especially in the absence of a contract, proving your case in court would be difficult because South African law does not recognise the existence of a distinct image right.
Contract’s sanctity must balance with dignity & equality principles
The applicant was the registered owner of commercial property. On 04 November 2021, the owner of commercial property cancelled the lease agreement and later changed the locks on the premises after placing the lessee on terms for arrear rentals.
Likely impact of the recent spring tide on insurance policies
The news that dominated the headlines during the weekend of 15 – 17 September 2023, was the storm surge incidents that swept across three coastal provinces – the Western Cape, Eastern Cape, and KwaZulu-Natal. Mainstream media and social media alike were abuzz with the news. Since then, videos depicting the storm surges have been circulating across various media platforms.
Understanding interdicts as a legal remedy in South Africa
An interdict can be a powerful remedy for enforcing and protecting one’s rights. An interdict is an order of court that can either restrain someone from engaging in a certain or specific action or compel someone to fulfil a particular or definable obligation.
Dismissal emanating from wearing high-heeled shoes
The Labour Appeal Court recently issued an order refusing to grant leave to appeal against the judgment of the Labour Court, after the Labour Court reinstated an employee who was dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mine premises.
Brokers in the medical schemes market
Brokers are a feature of the medical schemes market and subject to extensive regulation in terms of the Medical Schemes Act, its regulations, and circulars issued by the Council for Medical Schemes (CMS). The CMS has announced it intends to revise Circular 20 of 2010, the prevailing circular dealing with brokers and has called for public comment.
Timing is everything in the Labour Court – dismissing a claim...
In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant. The speedy resolution of labour disputes has long been a core principle of employment law.
Make sound legal decisions, informed by the experience of the past
Those entrusted with rendering justice on any level have a responsibility to ensure that they stay abreast of the latest developments in law. For this reason, judgments, and the precedents they inform, are of vital importance to practitioners of law.
Consumer Rights Day – what rights do consumers have?
All bank customers have a right to expect to be treated fairly, reasonably and ethically by their bank. This right is reinforced by the banks undertaking not to unfairly discriminate any customer on grounds such as marital status, gender, age or race in the provision of banking services or in the quality (and terms) of the services that are offered to the consumer.
