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Legal Articles and Guides

Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.

NPA staffers to fight 'race war' in High Court

By Juta and Company (Pty) Ltd Published on Tuesday, 04 August 2020
Tags: #Litigation
An unprecedented race-based legal battle is set to pit two groups of NPA staffers against each other in the Eastern Cape High Court (Makhanda), exposing what a Daily Dispatch report says is ‘a deep racial fissure’ in the agency.

Eskom seeks R3.8bn from alleged Gupta conspirators

By Juta and Company (Pty) Ltd Published on Tuesday, 04 August 2020
Tags: #Litigation
Debt-ridden Eskom, along with the Special Investigating Unit, has issued summons to recover R3.8bn from former executives, board members and members of the Gupta family and their associates.

Gigaba's wife to challenge arrest in High Court

By Juta and Company (Pty) Ltd Published on Tuesday, 04 August 2020
Tags: #Civil Rights #Criminal Law
Norma Gigaba, who has been charged with malicious damage to property and crimen injuria, will approach the High Court to challenge her arrest, says a News24 report.

Vodacom seeks change in Please Call Me order

By Juta and Company (Pty) Ltd Published on Tuesday, 04 August 2020
Tags: #Litigation
Vodacom has stated it has no duty to comply with a court order requiring it to furnish past financial documents it no longer has in its possession.

ANC turmoil as Magashule's sons score Covid contracts

By Juta and Company (Pty) Ltd Published on Monday, 03 August 2020
Tags: #General Legal Practice
As concern grows that government’s procurement efforts in response to the coronavirus pandemic may have been captured by political elites in the ANC and their families, and the party is feuding with itself over the issue, a Scorpio investigation has revealed that two companies owned by the sons of former Free State Premier and current ANC secretary-general, Ace Magashule, have clinched Covid-19 contracts with a combined value of R2.7m.

Corruption rife as Tshwane rates clearance backlog grows

By Juta and Company (Pty) Ltd Published on Monday, 03 August 2020
Tags: #Property Law
A Pretoria attorney has approached the Gauteng High Court (Pretoria) for an order to force the City of Tshwane, which is under a legally contested administration process, to issue rates clearance figures and certificates needed to effect property transfers.

Leave to appeal cigarette ban application lodged

By Juta and Company (Pty) Ltd Published on Monday, 03 August 2020
Tags: #Health Care & Social #Litigation
The Fair-Trade Independent Tobacco Association (Fita) has approached the SCA for direct access to appeal the High Court’s dismissal of its challenge to SA’s four-month-old ban on cigarette sales.

Eskom cancels contract with former chair's niece

By Juta and Company (Pty) Ltd Published on Monday, 03 August 2020
Tags: #Litigation
Eskom has cancelled a R100m tender awarded to a company owned by Nomvula Mabuza, the niece of Eskom’s former chairperson, Jabu Mabuza, after investigations flagged irregularities in the process leading to it being awarded, says a Mail & Guardian report.

Ingonyama Trust pushing ahead with retrenchments

By Juta and Company (Pty) Ltd Published on Monday, 03 August 2020
Tags: #Employment and Labour Law
The Ingonyama Trust Board is pushing ahead with retrenching its employees in response to the withholding of about R22m in its annual funding by the Department of Land Reform & Rural Development.

Property Subsidence: New Law, Strict Liability and Ubuntu

By Ashersons Attorneys Published on Monday, 03 August 2020
Tags: #Property Law
It’s every homeowner’s nightmare – your property starts subsiding and as the tell-tale cracks in the living room widen alarmingly, it begins to dawn on you that your whole house is at risk of collapse.

Lockdown “Admission of Guilt” Fines – The Criminal Record Risk

By Ashersons Attorneys | Raphael Weiner | Published on Monday, 03 August 2020
Tags: #Criminal Law
Breaking any of our lockdown laws can be an expensive business, risking heavy penalties. If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way out to pay up and put the whole thing behind you but it could land you with a criminal record.

The Pandemic and Business Interruption Cover – Can You Claim?

By Ashersons Attorneys Published on Monday, 03 August 2020
Tags: #Insurance Law #Litigation
It’s no surprise that our media has been awash with reports on the recent High Court judgment of Cafe Chameleon CC v Guardrisk Insurance Company Ltd (5736/2020) [2020] ZAWCHC 65 around a restaurant’s business interruption cover claims.

Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates

By Ashersons Attorneys Published on Monday, 03 August 2020
Tags: #Litigation #Property Law
Dollar billionaire Andrew Carnegie said it a century ago, and it still rings true – wise property investment can be hard to beat when it comes to accumulating wealth. The exciting opportunity for buyers at the moment is of course the more attainable sale prices and the lower interest rates resulting from the pandemic and the lockdown. It is, by all accounts, still very much a buyer’s market.

Investing or trading through an Investment Club?

By Ashersons Attorneys Published on Monday, 03 August 2020
Tags: #Banking & Finance Law #Business & Industry Law
With the recovery of global financial markets and investors racing to the Johannesburg Stock Exchange (JSE) to acquire equity at discounted prices, it is only normal to want to get your piece of the proverbial pie. However, with the epidemic bringing widespread job losses and salary reductions, a new investment trend is on the rise in the form of “investment clubs”.

Leases, Contracts and COVID-19: What is Force Majeure?

By Ashersons Attorneys Published on Monday, 03 August 2020
Tags: #Landlord Tenant Law #Litigation
The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental.

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