Introduction Domestic violence is perpetrated between men and women on a daily basis, however, an average of 7 South African women are murdered by a partner or immediate family member daily. In an attempt to combat this the Legislature has…
Unlike the founding counterpart in the United States of America[1], the South African Constitution does not enshrine the right to bear arms – gun ownership is viewed as a statutory privilege principally regulated by the Firearms Control Act 60 of…
In 2019 a horrific discovery was made when inspectors attended at a captive lion breeding farm in the North West of South Africa to find more than a hundred lions, among other big cats, suffering from neglect, parasites, mange and…
In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related…
A liquidated damages clause describes the quantum of damages due and payable upon breach of a commercial agreement. This can be a devilish feature of non-disclosure and confidentiality agreements (“NDA(s)”) which typically set out the terms upon which a “receiving…
On 4 February 2021, the Constitutional Court handed down judgment in the matter of AmaBhungane Centre for Investigative Journalism and Others v Minister of Justice and Correctional Services and Others, declaring the Regulation of Interception of Communication and Provision of Communication-Related…
Uber SA may face a class action lawsuit in the Labour Court which is presently being prepared by a Johannesburg based law firm on behalf of South African Uber drivers. This follows a decision passed down by the UK Supreme…
The term “sperm donor” usually implies the donation of sperm by a man, which is to be inseminated into the person to whom the sperm was donated, for the purposes of procreation, wherein no parental rights and responsibilities attach to…
On Monday night, 26 April 2021, Norma Mngoma appeared to argue against testifying at the Zondo Commission. Her reasoning to the commission that her marital status somehow precluded her from testifying against her husband (Malusi Gigaba) was dismissed by commission…
Over the past six to nine months there has been a disturbing increase in the number of children being bullied at school. Parents are at their wits’ end. Educators, heads of school and governing body members are aware of these…
The impending update to the WhatsApp privacy policy has caused significant concern and confusion, with many of its users seeking alternative messaging platforms. Initially scheduled for 08 February 2021, this new policy is due to come into effect on 15…
In a recent judgment delivered by the High Court in Pretoria during April 2021, rights were afforded to parents to bury or cremate a foetus that is younger than 26 weeks old. Prior to this case, no burial rights were…
Most employers will be familiar with or at least aware of dishonesty and it’s more typical appearances in the workplace, among others, theft, fraud, time abuses and bogus medical certificates, falsifying qualifications, or an employee’s lies to cover up errors…
The mere fact that an employee fails a polygraph test is not in itself sufficient to find an employee guilty of dishonesty. This was confirmed in a Labour Appeal Court case, DHL Supply Chain (Pty) Ltd v De Beer NO…
Here are two important recent developments in the South African employment law landscape effective from 1 March 2021 that you should know about. Increases in minimum wages: Increases have been made to the National Minimum Wage and sectoral determinations have…
Restraint of trade agreements are, with exception, valid and enforceable in South African law and have risen to considerable prominence, particularly in employment contracts. For ex-employees seeking to avoid their restraint clauses, there rests an onus on them to prove…
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.
Introduction Domestic violence is perpetrated between men and women on a daily basis, however, an average of 7 South African women are murdered by a partner or immediate family member daily. In an attempt to combat this the Legislature has…
Uber SA may face a class action lawsuit in the Labour Court which is presently being prepared by a Johannesburg based law firm on behalf of South African Uber drivers. This follows a decision passed down by the UK Supreme…
The term “sperm donor” usually implies the donation of sperm by a man, which is to be inseminated into the person to whom the sperm was donated, for the purposes of procreation, wherein no parental rights and responsibilities attach to…
On Monday night, 26 April 2021, Norma Mngoma appeared to argue against testifying at the Zondo Commission. Her reasoning to the commission that her marital status somehow precluded her from testifying against her husband (Malusi Gigaba) was dismissed by commission…
Over the past six to nine months there has been a disturbing increase in the number of children being bullied at school. Parents are at their wits’ end. Educators, heads of school and governing body members are aware of these…
The impending update to the WhatsApp privacy policy has caused significant concern and confusion, with many of its users seeking alternative messaging platforms. Initially scheduled for 08 February 2021, this new policy is due to come into effect on 15…
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