Introduction The Constitutional Court in Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others, recently had occasion to consider whether a renewal clause in a lease agreement was against public policy because…
Once a couple is engaged, they start the wedding planning – which is quite a task. But as part of this planning how much effort does the couple allocate to considering and planning for the legal consequences of their marriage,…
At the outset and before delving into the matter at hand, contracting parties are reminded that the principle of pacta sunt servanda (agreements must be kept) applies unless the contract offends public policy. In the recent constitutional case of A…
Aside from a meticulously thought out seating plan for guests, couples are faced with many decisions leading up to their wedding day, one of these being the daunting and sobering task of deciding whether to enter into an antenuptial contract…
“Irregular”, “wilful misconduct” and “recklessness” were just some of the recurring terms used in the judgment handed down by Honourable Judge Ronel Tolmay of the North Gauteng High Court in Pretoria recently (27 May 2020) following an application launched against…
Fixed-term / project-based employment Project-based recruiting is relatively common in South Africa and so are the related employment contracts catered to the needs of the employer’s client. Service providing employers place employees with clients in terms of fixed-term eventuality contracts….
Imagine being trapped in your own home with your abuser. With no escape, and the only way out being a permit allowing you to do so. Terrifying thought, isn’t it? The thing is, for most women in South Africa, this…
A Changing Workplace The world may be forever changed with the onset of the coronavirus (COVID-19) pandemic; likewise, it is not unreasonable to suggest that our working lives may never be the same again. More locally, this is especially so…
Whilst the world and indeed South Africa continues to monitor the ongoing Coronavirus (COVID-19) pandemic and it’s far reaching consequences, HJW Attorneys have taken the time to present some insight into a number of workplace issues, which can now be…
The perception, and sometimes, the reality People are often afraid of going to lawyers. The sad reality is that the profession often has negative connotations, and sometimes for good reason. I’ve personally inherited clients that have been through the wash…
With South Africa well into its three week nation-wide lockdown as a result of the COVID-19 outbreak individuals and businesses have been left in an unenviable position. Whilst the Regulations gazetted by the South African government on the 18th of…
Introduction Whilst many people may be aware of employers’ obligations and the precautions that they need to take in the workplace in respect of the recent Coronavirus outbreak – most employees are still unclear as to what their rights are,…
Employers bear the onus, in terms of the Occupational Health and Safety Act 85 of 1993 (“the Act”), to provide and maintain a safe and healthy working environment for employees. But what exactly does this mean for Employers? What are…
As we are all aware by now, it appears that the man who works for Eskom that switches our power on and off has returned from leave, with loadshedding having been reimplemented as of the first week of January 2020.
Employers often seek advice on whether they may consider an employee’s written warnings that have already expired, when imposing a disciplinary sanction of dismissal.
Being a law firm that often works with families, children and schools, we are always shocked to see how early on in life children in South Africa are exposed to pornography. According to recent statistics, it has been found that…
In today’s economically unstable and financially pressured environment which is rife with high levels of unemployment, prospective applicants for employment positions have become so desperate to meet the criteria set out in job advertisements
Five mornings out of seven every week, thousands of parents send their children off to school. What a parent is never prepared for is the child not returning later that afternoon. The recent tragedy at Hoërskool Driehoek, where a walkway…
Megan Harrington Johnson gives legal comment on the legalities pertaining to marijuana usage by teens in January’s edition of Your Family Magazine.
People often ask me whether being a divorce lawyer puts me off getting married. My answer is always the same: No, but it does put me off getting divorced! We see the best and worst of people in this profession…
Legal Protection for Cyclists In a recent judgment handed down by the Johannesburg High Court where an 8-ton truck passed by a cyclist and its wind-rush and tail-end vortex caused the cyclist to fall and be injured, the court found…
On 18 September 2018 the Constitutional Court ordered that the use, cultivation and possession of cannabis by an adult in a private space, for personal consumption in private, is no longer a criminal offence. However, whilst the judgment can be…
THE IMPORTANCE OF HAVING A WILL: What is a Will? A will is a legal document, executed by a person who is 16 years or older, that sets out their final wishes pertaining to, amongst other things, the distribution of…
Recently there has been an increase in confirmed and unconfirmed child kidnapping and child disappearance cases. You only need to scroll down your Facebook feed, media apps and other social media platforms and you are almost guaranteed to see a…
Facebook posts, Instagram likes, Twitter retweets… everybody seems to be an expert but few realise the legal rights and ramifications associated with their usage of social media. Join us for an informative evening…
According to a study conducted by the Medical Research Council and Centre for Public Mental Health, on average, a woman dies every 8 hours at the hands of her partner. However, despite public outcry, social movement…
Whilst it is clear that where only one parent holds full parental rights and responsibilities in respect of a child, that parent may consent to the child’s medical treatment without the consent of any other party, there has been some…
What you need to know and do if you’re heading for the divorce courts No matter the circumstances, a divorce is never an easy process, and has the potential to leave you devastated and in a state of confusion. It’s…
Fixed-term / project-based employment Project-based recruiting is relatively common in South Africa and so are the related employment contracts catered to the needs of the employer’s client. Service providing employers place employees with clients in terms of fixed-term eventuality contracts….
Imagine being trapped in your own home with your abuser. With no escape, and the only way out being a permit allowing you to do so. Terrifying thought, isn’t it? The thing is, for most women in South Africa, this…
A Changing Workplace The world may be forever changed with the onset of the coronavirus (COVID-19) pandemic; likewise, it is not unreasonable to suggest that our working lives may never be the same again. More locally, this is especially so…
Whilst the world and indeed South Africa continues to monitor the ongoing Coronavirus (COVID-19) pandemic and it’s far reaching consequences, HJW Attorneys have taken the time to present some insight into a number of workplace issues, which can now be…
The perception, and sometimes, the reality People are often afraid of going to lawyers. The sad reality is that the profession often has negative connotations, and sometimes for good reason. I’ve personally inherited clients that have been through the wash…
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