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Enforceability of Restraint of Trade Clauses in Employment Contracts
Introduction Restraint of trade clauses in employment contracts aims to protect employers from competition by former employees. These clauses restrict an employee’s ability to engage in similar business ventures or practice their trade within a specified period...
Understanding Term Sheets: What They Are and Why They Matter
Collaborative Content When entrepreneurs and investors negotiate to fund, one crucial document takes centre stage: the term sheet. This preliminary document outlines the key terms and conditions under which an investment will be made. A term sheet is a non-binding...
Statutory Rights in Property Sale Agreements
Introduction The legal landscape governing sales contracts is intricate, involving both common-law terms and statutory provisions. This article explores the key rights and obligations of buyers and sellers under South African law, specifically focusing on the Consumer...
Cohabitation and Legal Recognition in South Africa
Introduction Cohabitation, commonly known as living together, common law marriage, or a domestic partnership, is not acknowledged as a legal relationship by South African law. Consequently, no legal framework exists to govern the rights of individuals in such...
Unhappy with an Independently Chaired Disciplinary Hearing?
Employer Options In employment law, disputes that arise from disciplinary hearings can be intricate and heated. Many employers opt to hire independent chairpersons to prevent the possibility of ending up in the CCMA (i.e. the Commission for Conciliation, Mediation,...
Getting To Know Your Parental Rights And Responsibilities
Introduction In South Africa, parental rights and responsibilities concerning a child are delineated in the Children's Act 38 of 2008. These encompass a complex array of duties and privileges that must be executed with the child's best interests at heart. These...
Judicial Review: An Overview
Introduction Judicial review serves as a critical mechanism to regulate administrative action, ensuring that public authorities act within their legal bounds. It allows the judiciary to examine and correct administrative decisions, ensuring accountability, fairness,...
Enhancing Legal Certainty: Understanding the Limitations of Memorandum of Understanding (MOU) as a Legal Instrument
Contracts are crucial in the world of business and governance as they define relationships and responsibilities. Among these, the Memorandum of Understanding (“MOU”) often serves as a preliminary document that outlines the terms and conditions of a potential agreement...
Cybercrime and Conveyancing Transactions
Cybercrime is increasing around the world, and businesses, governments and private persons are all at risk of falling victim to it. South Africa has some of the highest incidents of cybercrime and cybercriminals are using increasingly sophisticated social engineering...
Understanding Levy Stabilisation Funds in South African Sectional Title Schemes
Introduction Levy stabilisation funds play a pivotal role in South African sectional title schemes, particularly those tailored for retired individuals. Designed to alleviate the burden of fluctuating levies on fixed incomes, these funds ensure that ordinary...
Anti-Dissipation Measures In Divorce Proceedings
Introduction An anti-dissipation measure refers to a legal directive designed to prevent an individual from liquidating or concealing assets during divorce proceedings. The Matrimonial Property Act holds significant relevance in addressing the dissipation of joint...
The Rotten Apple At Work – Intolerable Employees
The Rotten Apple At Work – Intolerable Employees Employment relationships in South Africa are perceived as difficult at the best of times. If things go “pear shaped” and a disciplinary hearing follows suit, many employers assume that once an act of grave...
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