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NEWS ITEM
Understanding Permanent vs Fixed Term Employment Contracts
Introduction Fixed term contracts play a significant role in the employment landscape, providing flexibility to both employers and employees. However, issues surrounding the expectations of permanent employment in the context of fixed term employment contracts have...
Employee vs. Independent Contractor Relationships
Introduction In the complex realm of employment relationships, the distinction between employees and independent contractors holds significant legal implications. This article aims to shed light on the nuanced nature of these classifications, the legal frameworks that...
When Co-Ownership Becomes Unworkable: The Actio Communi Dividundo in South African Law
Co-ownership of property is often born of trust, family, or opportunity. Two or more people come together to acquire a home, an investment property, or land, sharing ownership in undivided shares.
Understanding the Removal of Directors vs Shareholders in Companies
When it comes to corporate governance, understanding the distinction between the removal of directors and shareholders is crucial for both business owners and investors.
The Legal Framework: The Child’s Best Interests as the Paramount Consideration
Section 28(2) of the Constitution of the Republic of South Africa, 1996 provides that “a child’s best interests are of paramount importance in every matter concerning the child.”
A New Era for Parental Leave in South Africa
In a landmark decision handed down on 3 October 2025, the Constitutional Court of South Africa ushered in a new chapter in the evolution of employment law and parental rights.
DISMISSAL AFTER REACHING RETIREMENT AGE
The question of whether an employer may lawfully dismiss an employee who continues to work after reaching retirement age has long been a contentious issue in South African labour law.
Life Rights and Developer Insolvency: Legal Protection for Retirees?
In Herold Gie & Broadhead Inc v St Leger Retirement Hotel Residents, the Supreme Court of Appeal (“SCA”) has authoritatively confirmed the legal position on life rights in retirement developments.
Settlement vs. Litigation: How to Know When to Fight It Out in Court
In any legal dispute, one of the first and most important decisions a client faces is whether to settle or proceed to litigation. Each option has its own advantages, risks, and strategic implications.
Force Majeure, Refunds, and the Cape Town Marathon: When Life (or Weather) Disrupts a Contract
During October, thousands of runners descended on the streets of Cape Town to test their endurance against one of the most scenic marathon routes in the world. The event got cancelled due to weather precautions. Who is responsible?
Electronic Signatures – Are They Binding?
South Africans are using electronic signatures every day, whether it’s agreeing to terms on a mobile app, confirming a delivery with a finger swipe, or authorizing a bank transaction online. Is it binding?
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