Legal Articles and Guides

Ackermans was recently successful in what Werksmans Attorneys’ Janine Hollesen calls a precedent-setting trademark dispute with Truworths (Pepkor Retail (Pty) Ltd v Truworths Ltd) which was heard by the SCA. In an analysis in The Star, Hollesen notes that the trademark at the centre of the dispute was ‘The Look’.

A legal fight has erupted over shares in a KZN stationery firm, amid allegations that an employee had been siphoning off millions to pay towards uMhlanga properties and a luxury vehicle. The Mercury reports the allegations came to light in a recent KZN High Court (Durban) judgment in an application brought by a businesswoman to demand that shareholders of Afro Pulse 46 (Pty) Limited – trading as Power Stationery – purchase her shareholding and loan account in the company.

Believing that junior hairstylist Joseph Vinciguerra (21) had breached a restraint of trade agreement‚ Carlton Hair International went to the Labour Court in Johannesburg asking for an urgent interdict to stop him working within 10km of its Hyde Park store for a year. But, says a TimesLIVE report, Judge Hilary Rabkin-Naicker sent the salon group packing‚ saying it was ‘unreasonable and against public policy’ to be so heavy-handed with a junior employee who qualified only six months earlier.‘

The Georgiou Boutique Hotel and Spa in Port Elizabeth has lost yet another court battle with Nelson Mandela Bay Metro and will have to close its wellness spa. A Daily Dispatch report says Yvette Georgiou failed in her appeal to a full Bench of the Eastern Cape High Court (Grahamstown) against a judgment in terms of which she and her husband Phillip were interdicted from operating a health spa at their luxury Kragga Kamma home.

The family of Reshall Jimmy, who died when his Ford Kuga burst into flames, will be pursuing a class action lawsuit against the vehicle manufacturer, says a Wheels24 report. The family's lawyer, Rod Montano, announced the expected lawsuit during a briefing at the National Press Club yesterday following Ford’s announcement on Monday that it was recalling the vehicles, several of which have burst into flames without warning.

The legal matter over the technical specifications of government-subsidised set-top boxes (STBs) is due to be heard by the Constitutional Court on 21 February, Aslam Moosajee, of Norton Rose Fulbright, confirmed to ITWeb. The matter was brought to the attention of the top court in by Communications Minister Faith Muthambi, following the SCA's ruling in favour of encrypted decoders.

One of SA’s highest profile divorces has taken a new twist, notes a report in the Sunday Times. The woman is claiming their antenuptial contract is invalid because they entered into a customary marriage, which started at Nkandla, before their civil marriage. Should the judge agree with her claim, she will get half of her husband’s substantial estate, which is believed to include a private jet, various high-end properties, interests in eight companies and several luxury vehicles.

The Johannesburg Labour Court has ruled Steve Parkinson, general manager of Damelin’s Boksburg campus, who was fired in 2012 for missing sales targets, had been unfairly dismissed, according to a Sunday Times report. In his ruling, which exposed the massive pressure managers at one of SA’s biggest private education companies are under to enrol new students, Judge Adolph Landman quoted from some of the letters Parkinson was sent by executives in the run-up to his dismissal.

The Gauteng High Court (Pretoria) has ordered the eviction of a Pretoria businessman‚ who defaulted on his rent and even charged overtime for fixing a water pipe in the house he was renting. Tenant George Webb had been skipping rental payments since taking occupancy of Nomlamali Mahanjana's five-bedroom house in June 2015‚ claiming this money for repairs he had done on the house.

The bid by SA’s so-called dagga couple – Myrtle Clarke and Julian Stobbs – to have dagga legalised, will finally kick off at the end of July after a battle of more than six years. The couple have been trying for six years to get all documents and expert evidence in order.

Absa will defend the case brought by businessman Fana Hlongwane, who is suing the bank for R7m after it closed his business bank accounts in 2013. A Fin24 report notes the closure followed the bank’s review of Hlongwane’s firms in terms of its policy on politically-exposed people. The review was sparked following the Seriti Commission of Inquiry into the arms deal.

Politically-connected businessman Fana Hlongwane, whose bank accounts were closed after he underwent review as a politically-exposed person in 2013, is suing Absa for R7m, claiming the closure of his accounts was unlawful and that the bank had violated his constitutional rights, says a Business Day report.

A dispute over a multimillion rand deal that went sour sparked a racism row and led to a prominent former Robben Islander spending hours behind bars just days before Christmas, according to a Sunday Times report. Politically-connected businessman Peter-Paul Ngwenya, who spent almost five years on the island, is embroiled in a fight over stakes in three lucrative radio stations with Fani Titi, chair of specialist banking group Investec and of Kumba Iron Ore.

Metrobus has to re-employ a driver it fired more than six years ago as it had failed to review an arbitration award in his favour‚ the Constitutional Court ruled in December, notes a TimesLIVE report. The court ruled that the arbitration award issued in favour of Sizwe Myathaza on 17 September 2009 – that he be reinstated with back-pay – is made an order of the Labour Court.

Embattled Western Province Rugby (Pty) Ltd was finally liquidated in the Western Cape High Court on 20 December… but the commercial partner in a major dispute with them has vowed that ‘the fight won’t end here’, notes a Sport24 report. Judge Dennis Davis, on behalf of Judge Ashley Binns-Ward, gave the final liquidation ruling after Binns-Ward reserved judgment. It was ordered that WP Rugby (Pty) Ltd – the business wing of the WP Rugby Union – not proceed with any contracts and that the company’s property be sold by public auction, public tender or private contract.