Legal Articles and Guides
Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.
A doctor who allegedly ran dodgy financial schemes that cost his patients millions has approached the Gauteng High Court (Pretoria) for an order preventing the Health Professions Council (HPCSA) from taking disciplinary action against him. According to Rapport, the sequestrated Dr David Stephen Grieve (48) was central to financial schemes in which his patients lost R22m.
The United National Transport Union (Untu) has welcomed a Labour Court judgment ordering the reinstatement of a Gautrain station manager who was fired after an altercation with commuters.
In a blow to Public Protector Busisiwe Mkhwebane, her Bankorp-CIEX report, which ordered Absa to pay R1.125bn, was set aside in a scathing judgment by the Gauteng High Court (Pretoria) on Friday, and immediately brought calls for her sacking, or, at the very least, a full investigation of her actions, notes Legalbrief.
Former President Jacob Zuma’s son Duduzane, who is reportedly hiding out in Dubai, tried to strike a deal with law enforcement agencies before going on the run. According to a Sunday Times report quoting officials with intimate knowledge of the case the ‘unofficial’ negotiations involving the 35-year-old delayed the Hawks’ swoop on the Gupta family on Wednesday – which may have helped the Gupta brothers evade arrest in the Estina fairy farm project cazse.
The protracted dispute between labour brokers and casual workers over the interpretation of section 198a of the Labour Relations Act will reach the Constitutional Court on Thursday. A Business Day report notes the issue – which has been before the CCMA, the Labour Court and the Labour Appeal Court – centres on the question about who is the rightful employer in the relationship between labour brokers, clients and employees.
Civil rights organisation AfriForum is to submit an urgent application to the Constitutional Court today to put aside former President Jacob Zuma’s last attempt to escape criminal prosecution. A week ago, just a few days before his resignation, Zuma published the regulations with the mandate to which the state capture commission of inquiry must comply.
The Competition Commission has fined two newspaper groups for collusion on the prices charged to advertisers. TimesLIVE says Caxton received a R5.8m fine and the Independent Group R2.2m. This follows a R22.3m fine handed to Naspers's pay-TV subsidiary DStv in May 2017, the commission said.
The mother of a baby who lost his arm due to alleged medical negligence at the Stanger Hospital is suing the KZN MEC of Health for R7m. The matter is set down for June, notes a Sunday Tribune report.
Ajay Gupta‚ the patriarch of the embattled Gupta family and friend of former President Jacob Zuma‚ is ‘on the run’ and protected by a team of heavily armed bodyguards, claim media reports. The Cape Times quotes Hawks spokesperson Brigadier Hangwani Mulaudzi as saying: ‘We know he has bodyguards and we would like to warn them they could be facing arrest for protecting a fugitive.’
The Competition Tribunal has confirmed that ArcelorMittal SA can pay off an initial R300m annual penalty in tranches of R100m, in the first year of five years paying off a R1.5bn fine imposed for market fixing. A Business Day report says the first payment due in November 2017 has already been paid, with subsequent payments due to be paid in April 2018 and July 2018.
SA Airlink has been referred to the Competition Tribunal for prosecution on charges of 'excessive and predatory pricing', the Competition Commission said yesterday. Business Report says this followed complaints lodged by businessman Khwezi Tiya, low cost carrier Fly Blue Crane, and the OR Tambo District Chamber of Business between 2015 and 2017 about the Johannesburg-Mthatha route.
A group of about 200 brokers is in the process of instituting legal action against the board members of Nova Property Group, its auditors BDO and other stakeholders. Moneyweb says it has been aware of the pending legal action by the group, who previously sold Sharemax syndication products to clients.
Special Investigating Unit (SIU) head Lekhoa Mothibi told MPs yesterday that the unit had issued summonses to recoup R21m from former SABC chief operating officer Hlaudi Motsoeneng. A Business Day report says the summonses issued were to recover the R11m bonus Motsoeneng received in 2016 for ‘successfully’ negotiating the controversial R533m deal with MultiChoice.
The Treasury estimates the total debt that could fall under debt extinguishing provisions of the National Credit Amendment Bill proposed by Parliament’s Trade and Industry Committee could range from R13.2bn to R20.7bn, notes a Business Day report.
The Competition Tribunal has dismissed Massmart’s complaint that Shoprite Checkers, Pick n Pay and Spar were taking part in anti-competitive behaviour through exclusive leases with shopping-mall landlords. In what a Business Day report describes as a blow to Massmart’s strategy to roll out fresh food at its Game stores in malls, the tribunal said that at best Massmart had relied on generalised contentions by some of its rivals in submissions to the retail-market inquiry by the Competition Commission.