The rules that your business needs to know about promotional competitions in terms of the Consumer Protection Act 68 of 2008 (the Act). There are lots of ways for businesses, both big and small, to market and promote their enterprises. Advertising, free giveaways and competitions promoting new and/or existing products are among the more popular methods of putting a business name on the map.

The English doctrine of subrogation has been imported into the South African common law. The doctrine has, over the years, become a well-entrenched principle of insurance law, yet its applicability to areas of law other than that of insurance law has received little judicial attention. This article seeks to determine whether the doctrine of subrogation, which finds its application in specific circumstances, is applicable to medical aid schemes.

The Current Process of Gradual Relaxation - It is stated policy of National Treasury and the South African Reserve Bank that exchange control should not be abolished overnight but that gradual relaxation should attend to any pent up demand over a period. Gradual relaxation, accordingly, means that a limit is firstly introduced and then gradually increased until it is possible to consider the abolishment of exchange control altogether.

In most cases employment contracts are breached by employers giving rise to litigation by employees. In response to such breaches of contract, employees will seek a remedy of reinstatement or compensation. The quantum of damages claimed for by an employee is easy to determine as it will usually be based on the employee's salary. But can the employer sue the employee for damages resulting from breach of contract by the employee?

During March 2012 Cabinet approved amendment bills for the Labor Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). These draft bills have already given rise to much debate in the media.

Rule 36 of the Supreme Court Act 59 of 1959 makes provision for the calling of a witness to give evidence as an expert within a particular field. Such a person may only give evidence as an expert witness, if notice of the intention to do so is given within 15 days before the hearing. A summary of such expert's opinion and his/her reason therefore must be delivered not less than 10 days before the trial.

"Lion Attack!" is just one headline in the recent months that has hit newspaper stands. Remember the 28-year-old man and his wife who were at the Lion Park, just north of Johannesburg for their anniversary, when a lioness grabbed hold of his car seat and proceeded to claw her way into their vehicle? The lioness bit the man on his right forearm before he managed to wrestle her out of the vehicle. Apparently his car window was open at the time.

To be held "strictly liable", what exactly does this mean? The legal definition is "liability incurred for causing damage to life, limb or property by a hazardous activity or defective product, without having to prove that the defendant was negligent or directly at fault". Now for the follow up question, how is this relevant in the world of product liability?

In the matter of Silver Falcon Trading 333 (Proprietary) Limited v Nedbank Limited 2011 SACLR 44 (KZP), the court ruled on the application of the National Credit Act (34 of 2005) to large agreements concluded with consumers who are juristic persons.

In President of the Republic of South Africa and Others v M & G Media Ltd 2012 (2) BCLR 181 (CC) the Constitutional Court set out the circumstances under which courts should invoke s80 of the Promotion of Access to Information Act to take a “judicial peek” at state records.

The boxing gloves are off in the mining industry and everyone is singing the nationalization versus beneficiation song, but what does all this mean to the ordinary business person? South Africa is rich in natural resources as it possesses nearly 90% of the platinum metals, 80% of the manganese, 73% of the chrome, 45% of the vanadium and 41% of the gold on earth.

The use of expert testimony in litigation has become commonplace in our courts today. The question that was posed recently to us is whether or not expert witnesses should be subpoenaed to testify. In order to answer this question, we firstly have to examine the definition of an expert witness. The expert witness is a witness who qualifies himself as an expert in a clearly defined field.

In December 2010, the Minister of Labor, Mildred Nelisiwe Oliphant, published the proposed amendment bills to the Labor Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) for public comment. The department received comments from several individuals and organizations, mainly focusing on the issue of the proposed ban of labor brokers.

On 17 December 2010, Minister of Labor Mildred Nelisiwe Oliphant published the proposed amendment bills to the Labor Relations Act and the Basic Conditions of Employment Act for public comment. The department received comments from several individuals and organizations, mainly focusing on the issue of the proposed ban of labor brokers.

Individuals and corporations have always traded freely under a variety of Trading As names. But under the new Consumer Protection Act, you will now be forced to register all trading names as business names as well. In the future you will only be able to operate using:

The Labor Relations Act sets out limitations to the amount of compensation an employee can receive for being unfairly dismissed or for being the victim of an unfair labor practice. The compensation limits for a dismissal will depend on whether the dismissal is classified as being "automatically unfair" or not.

On 10 October 2011, the European Union (EU) tightened its policies protecting consumer rights. In terms of the new EU Consumer Rights Directive, consumers' rights have been strengthened in all 27 EU countries by including a provision banning pre-ticked boxes on websites.

South African laws in the past have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA) in South Africa, it was legal to send unsolicited emails provided that:

Subsequent to the amendments of the Road Accident Fund Act (56 of 1996) the judiciary is slowly making headway into the interpretation and application of the Regulations, specifically those pertaining to general damages, as governed by s17(1A). There are already crucial implications for the Fund and for practitioners.

Chapter 2 of the Constitution contains the Bill of Rights. Included in this chapter is the right to healthcare. Yet refugees in South Africa are often being refused medical care and services by government clinics and hospitals. The question that needs to be answered is whether this is lawful under our Constitution and the resulting legislation.

Breaking stories in the news over the past week have placed the auctioning business under a spotlight. In the past there weren’t many laws directly governing auctioning and it was a substantially unregulated industry in South Africa. However, with the advent of the Consumer Protection Act 68 of 2008, which became effective on 1 March 2011, the auction business was squarely brought within the ambit of the legislature.

In the past, South African laws have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA), it was legal to send unsolicited emails provided that:

The Credit Industry Code of Conduct arose out of discussions of the National Debt Review Task Team and is aimed at improving the debt review process to combat over-indebtedness. All persons currently registered and those which wish to register with the NCR as credit providers will have to acknowledge and comply with the Code as an integral part of the conduct by it of its business.

Accommodation booked, your itinerary perfectly planned, bags are packed and you are ready to go. You rush to the airport and the assistant behind the counter says to you in the most polite manner, "I am sorry, but the flight is full". You begin to argue, however, to no avail as there is "unfortunately, nothing that can be done". Sound familiar? For most of us, we or someone we know, has been the victim of a scenario similar to the one played out above.

One of the main objectives of the new Companies Act is to promote the development of the South African economy by simplifying the formation and maintenance of a company, and by doing so, facilitating the formation of a small private company comparable to a close corporation. For this reason, since 1 May 2011, the formation of new close corporations is no longer possible.

The purpose of the Unemployment Insurance Act 63 of 2001 is to provide financial assistance to employees who find themselves jobless. The act also provides for financial assistance to unemployed persons due to illness, maternity and adoption. An employee must be a contributor, able to prove to the unemployment insurance commissioner that he and his employer have contributed to the IF on a monthly basis.

Employers must prove employee’s intention to abscond. The Labor Court has recognized that the employee's general duty is to render a service to the employer, and that failure to discharge that duty could potentially lead to disciplinary action. If an employee is absent for several days from work without communicating his or her absence to the employer, the assumption is often made by the employer that the employee has absconded.

The implementation of Chapter 6 of the Companies Act (71 of 2008) has been challenging to say the least. One of the vexed and difficult questions to answer is the extent of liability of a surety for the debts of the company in business rescue and how this ought to be dealt with in business rescue plans.

Historically it has been commonplace for board resolutions, produced for the purposes of ordinary transactions or for litigation, to signed only by the company secretary or by the chairperson of a company. In terms of s66 of the Companies Act (71 of 2008), the business and affairs of the company must be managed by and under the direction of its board.

Over the past few years, even prior to the implementation of the Consumer Protection Act (68 of 2008) (CPA) coming into force, there has been a steady move away from the more formal use of language in the commercial legal environment towards the more "fashionable" use of simpler, colloquial language.

Alternate dispute resolution has long been established in employment law. The Ministerial Legal Task Team which highlighted the main innovations in the present Labor Relations Act, 1995 also placed great emphasis on alternate dispute resolution. While the vast majority of employment disputes continue to be resolved by way of compulsory statutory arbitration, this form of arbitration often gives way to consensual private arbitration.

A voetstoets clause in a sale agreement effectively declares to the purchaser of goods that the goods are to be sold "as is" and without any undertaking of quality. The voetstoets clause will protect a seller who knows of a latent defect in the merx but does not disclose it, unless he concealed it with the intention of defrauding the buyer (Van der Merwe v Meades 1991 (2) SA 1).

It has been argued that there are issues which simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to, inter alia, ballistics, engineering, chemistry, medicine, accounting and psychiatry. The question that, however, poses itself is whether expert evidence is in all circumstances necessary.

The Consumer Protection Act is predominantly focused on affording consumers the right to fair, just and reasonable terms and conditions (e.g. fair contract terms) and the right to fair value, good quality and safety (e.g. product liability).

South African laws in the past have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA) in South Africa, it was legal to send unsolicited emails provided that:

Intention is the Key - In the case ITC 1835 the Tax Court in Kimberley deliberated on whether a debt due to a deceased estate had been discharged for no financial consideration and was therefore subject to Capital Gains Tax (CGT) on the full value of the claim in terms of paragraph 12(5) of the Eighth Schedule to the Income Tax Act.

In a speech delivered on 2 August, Minister of Mineral Resources, Susan Shabangu, gave a stern warning to the mining industry when she indicated that the Department of Mineral Resources (DMR) is serious about the implementation of measures to address the “evil triplets of poverty, inequality and unemployment” faced within the communities where mining operations are conducted.

The National Lottery Board (NLB) holds in trust approximately R6 billion which it has accumulated over the last three years. Given that the NLB is now declining applications from charitable institutions based on "budgetary constraints", the duties of the NLB and their fulfillment need to be examined.

When the Constitutional Court declared that sections 18(1)(a)(i), 18(1)(b) and 18(2) of the Road Accident Fund Act 56 of 1996 (the old Act) were unconstitutional (Mvumvu and Others v Minister of Transport and Another 2011 (5) BCLR 488 (CC)), they suspended the order for a period of 18 months to enable Parliament to cure the defect.

It is inevitable that a significant number of business rescue proceedings will fail and that the company under business rescue will be placed in liquidation. It is important for all affected parties, and in particular all classes of creditors, to know where they stand in regard to the recovery of their claims against the company if it is placed under busiess rescue, and if business rescue fails, if (or rather when) the company is thereafter placed in liquidation.

In a previous article, I commented on the trend in South African courts that the judges are saying that there must be a detailed, proposed business rescue plan before any application for business rescue will be granted. This trend was reinforced by a judgment in the Western Cape High Court, Cape Town under case number 24850/2011. The judgment was delivered on 9 December 2011 by the Honorable Mr. Justice Binns-Ward.

The first case relating to Chapter 6 of Act 71 of 2008 (the Act), being the business rescue chapter, was decided by the Honorable Makgoba J in the North Gauteng High Court (case 26597/2001 – Riaan Swart as applicant and Beagles Run Investments 25 (Pty) Ltd and others as respondents). In paragraph 16 of the judgment Makgoba J quoted the preamble to the Act as follows: "to provide for efficient rescue of financially distressed companies."

In this article the author considers whether the creditors of a company, which is placed under business rescue, can lose the ranking status bestowed on them in terms of sections 95 to 103 of the Insolvency Act 24 of 1936 (the Insolvency Act).

When a company is placed under business rescue, the question arises as to the enforceability of a suretyship given for the debts of or by the company. As far as the company itself is concerned, the question is easily answered. Section 133(2) of the Companies Act 71 of 2008 (the Act) provides that:

It has been argued that there are issues which simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to, inter alia, ballistics, engineering, chemistry, medicine, accounting and psychiatry. The question that, however, poses itself is whether expert evidence is in all circumstances necessary.

People have been borrowing money from credit institutions for decades and in turn the law regulating the claiming of interest has been around for decades. The lender has sought to create a business whereby it can make money on the interest owed to it, which in turn could mean the exploitation of millions.

There are two kinds of prescription namely acquisitive and extinctive prescription. In terms of the Prescription Act 68 of 1969 acquisitive prescription is the acquisition of ownership by the possession of another person's movable or immovable property continuously for thirty years. Extinctive prescription is the rendering unenforceable of a right by the lapse of time. The article will focus on extinctive prescription.

This article considers the application of the voetstoets principle under the law of insolvency, particularly in the light of the Consumer Protection Act 68 of 2008 (CPA).

Regulation 127(1)(b) promulgated under the Companies Act 71 of 2008 (the Act) states that companies which are undergoing business rescue proceedings are classified into three groups, namely, large, medium and small companies.

The Companies Act 71 of 2008 (the Companies Act) has brought about a unique change in business methods. One of the innovations is the introduction of the concept of business rescue and the appointment of a business rescue practitioner (the practitioner).

So, you are running late for work and the only taxi that stops for you is one that has had its steering wheel replaced with a spanner. Or the exhaust of that bus falls off right as you watch the doors closing behind you. Sounds like a horror movie? Well, often having to take public transport can be, and yet some 63% of the South African population takes part in this reality on a daily basis.

There has been a longstanding debate in South African law on whether to sue in contract or delict when dealing with professional negligence matters. The line of division on whether to sue in contract or delict is not always easily drawn. This principle will be discussed in relation to the recent case of Chibage v Ndawana (2010) JOL 26225 (ZH).

General damages is the broad term given to non-pecuniary loss such as pain and suffering, loss of amenities, emotional harm, etc and is awarded to a plaintiff as part of a compensatory damages to cover all those losses which are not easily quantified as opposed to pecuniary damages, i.e. damages for harm to one's personality and physical integrity.

The general perception among members of the public is that private hospitals provide better care. This assumption is premised on the comfort provided in private hospitals, their cleanliness, and the costs associated with the treatment offered at such institutions. Private hospitals promote this perception with clever marketing and public relations campaigns, where they advertise their newly bought equipment and high standards of care

Any strike action that members of a trade union embark on has to comply with statutory requirements as set out in the Labor Relations Act.

As the year comes to an end, many employees will be expecting payment of a 13th check or Christmas bonus from their employer.

An employee has a right not to be subjected to racial discrimination in the workplace. Failure by an employer to eliminate racist conduct in the workplace is unlawful.

Can a union or employer resort to power play to resolve a wage dispute after negotiations have broken down?

Know your customers’ rights, and protect your business…

South Africa's electricity supply industry is still heavily reliant on coal-fired electricity production. Currently 88% of the country’s supply of electricity is generated by coal-fired power stations. In terms of the Department of Energy's Integrated Resource Plan 2010 – 2030, the coal-fired generation capacity is to be reduced to 48% of the total production capacity by 2030.

During 2010 the National Credit Regulator together with various stakeholders in the credit industry, appointed a task team particularly to investigate the debt review process and to consider and formulate proposals to address problems identified in the debt counseling process pursuant to that investigation.

The duties of directors are primarily determined by common law, the new Companies Act (71 of 2008, the shareholders agreement and the memorandum of incorporation of the company, service agreements (specifically concluded between the director and the company) and resolutions passed at members’ or directors’ meetings.

The Consumer Protection Act (68 of 2008) has introduced a new era of substantially improved consumer rights for those doing business in South Africa.

The Labor Court in March 2011 in an as yet, unreported judgement of Transnet Freight Rail v Transnet Bargaining Council & Others, set out some extremely useful guidelines in determining whether to treat alcoholism as misconduct or as incapacity particularly in light of Schedule 8.

Does an employer have a duty to protect its employees against racial discrimination in the workplace?

The express intention of the legislature and policy makers in introducing the business rescue legislation is to make the insolvency regime friendlier to debtors. Nevertheless, if one looks more closely, there are a number of elements to the new legislation which suggest that the new business rescue regime may be more friendly to creditors than the present liquidation paradigm.

The business rescue plan (the plan) must be published by the business rescue practitioner (BRP) within 25 business days after the date on which the BRP was appointed or such longer time as may be allowed by the court on application.

The Consumer Protection 68 of 2008 (the Act) regulates, among other things, the fixed term agreement. A fixed term agreement is an agreement that is stipulated to endure for a particular amount of time. Common examples are cell phone contracts, gym contracts and many other subscription type agreements.

Can an employee be dismissed for misconduct committed after hours and away from the workplace?

The board of a company may resolve that the company begins business rescue proceedings and places the company under supervision (section 129(1)). In order to do this, the board must have reasonable grounds to believe that the company is financially distressed and there appears to be a reasonable prospect of rescuing the company.

The philosophy behind the business rescue provisions in Chapter 6 of the new Companies Act is to give the distressed company “a breathing space” while affected parties (creditors, shareholders and labor) work towards a rescue plan for the distressed company. This article examines who the affected parties are and how they must be notified.

In terms of the new Companies Act 71 of 2008, business rescue is defined as the proceedings to facilitate the rehabilitation of a company that is financially distressed.

Insolvency inquiries are beneficial to the general body of creditors of a company. It is by conducting such inquiries that liquidators are able to determine what the assets and who the creditors and contributories of a company are. It also allows them to properly investigate doubtful claims against outsiders as well as claims against the company and/or its directors before or while pursuing them.

A close corporation may be wound up either by means of a voluntary winding up by written resolution of its members, or a compulsory winding up by an order of court.

The effect of the deregistration of a company is that the company ceases to exist. Section 83 of the new Companies Act states that a company is dissolved as of the date its name is removed from the companies’ register. With the commencement of the new Companies Act, the old Companies Act has been repealed. Can a company that was deregistered in terms of the old Act be reinstated in terms of the new Act?

The provisions of Chapter 6 of Act 71 of 2008, being the business rescue provisions, are both interesting and controversial. The question is, how will our courts deal with the provisions of the Act? The first written judgment to hand involves the matter of a company by the name of Beagles Run Investments 25 (Pty) Ltd (Beagles Run).

Trustees of pension funds have been in the news of late for the wrong reasons – investments gone awry. One of the ways in which trustees can reduce the risk of this happening is by the appointment of expert investment administrators. But if they do so, how much should administrators charge for the services they render?

In The Star’s Business Report of Monday 11 July 2011, financial journalist Ann Crotty reported on the chaos that is being experienced with the registration and deregistration of companies and close corporations at the office of the newly established Companies and Intellectual Property Commission (CIPC). Unfortunately the early indications are that the CIPC is treading the same path as its predecessor, the Companies and Intellectual Property Registration Office (CIPRO).

Can an employee criticize his employer on Facebook and get away with it?

The government has proposed amendments to the labor laws of the country. The proposed amendments are in respect of the Labor Relations Act 66 of 1995 (LRA), the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Employment Equity Act 55 of 1998 (EEA). In addition, there is the proposed introduction of the Employment Services Bill.

As our common law stands, transfer of ownership of immovable property automatically transfers an existing lease of the property concluded with the previous owner, to the new owner as landlord. The tenant is not entitled to resile from the lease agreement when his previous landlord is substituted by the new owner. The tenant may, however, have legitimate reasons to object to the application of this common law rule, on the basis of the protection afforded by our Constitution.

The Credit Industry Code of Conduct (the Code) is aimed at improving the debt review process in line with the commitment of the National Credit Regulator (NCR) to combat over indebtedness. It came into effect on 1 January 2011 and arose out of discussions of the National Debt Review Task Team. All those currently registered and those who wish to register with the NCR as credit providers will have to acknowledge and comply with the Code.

This article explores the interpretation of statutes primarily in light of the recent SCA decision of South African Airways (Pty) Ltd v Aviation Union of South Africa & Others (2011) 32 ILJ 87 (SCA). While the matter concerns an employment-related issue the lessons to be drawn from the judgment are equally applicable to other disciplines.

In this era of technology in which we live, it is common for communications between employers and employees to take different, non-traditional forms. However, until recently it was generally accepted that, when an employee resigned, the resignation had to be done using more traditional methods of communication, such as a letter. But recent case law has established that a valid resignation can occur via SMS.

Various recent decisions of the Competition Tribunal, Competition Appeal Court (CAC) and Supreme Court of Appeal (SCA) have sparked both criticism and favorable comment from practitioners and the competition authorities alike. In all of these decisions, complaints referred to the Tribunal by the Competition Commission (the Commission) were dismissed because of the Commission's non-compliance with the formal requirements of the Competition Act.

The Consumer Protection Act 68 of 2008 (CPA) sees the introduction of new legislation which consolidates the rights of consumers and attempts to promote a fair, accessible and sustainable market place for consumer goods and services.

It is common and regularly encountered, in commerce, that parties terminate the employment relationship by agreement. Prudent employers always conclude written agreements, in such circumstances.

In this era of technology, it is common for communications between employers and employees to take different non-traditional forms.

With the introduction of digital media, discovery has become a much more complex process. Have the South African legal system and South African litigants adjusted and are they making proper discovery in the digital age?

For many years, South Africans have been victim to fraudulent identity document scams. Why are these so prevalent in our society and how do so many people get away with such fraudulent behavior with seemingly relative ease?

Two years after it was signed by former President Kgalema Motlanthe, the new Consumer Protection Act is taking effect this April. The act will radically transform the way business is done and companies will have to make sure they adhere to this complex system of protections, which includes trading under registered names only.

In the first part of this series we discussed the legislation as it applies to labeling and advertising. In Part 2 we are looking at things to consider when packaging products in South Africa.

In this two part series we will examine the legislation that regulates the manufacture and supply of foodstuffs as well as product registration, labeling, composition of foodstuffs and the restrictions on certain nutrients in foodstuffs in South Africa.

The government has proposed amendments to the labor laws of the country. The proposed amendments are in respect of the Labor Relations Act 66 of 1995 (LRA), the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Employment Equity Act 55 of 1998 (EEA).

S3 of the State Liability Act 20 of 1957 was declared unconstitutional in Nyathi v Member of the Executive Council for the Department of Health Gauteng and Another 2008 (5) SA 94 (CC). The issue arose when Nyathi challenged s3 of the Act, which prohibited the attachment of state property in order to satisfy a judgment debt.

Which contractual oversights most often lead to serious problems down the line for franchisees?

The transitional provisions are set out in Schedule 2 to the CPA. These provisions are designed to bring the CPA into law in an incremental process specifically designed to allow all those affected by the CPA to ensure that they are fully compliant with its provisions at the point at which it becomes entirely applicable.

It is not unusual for job advertisements to request the prospective job applicants to provide character references. It is also common practice for CVs to include the names and contact details of people who may be contacted to discuss the good qualities of the job applicant. Often prospective employers will contact the former employer of the job applicant to obtain a character reference. The problem arises where the former employer provides a negative or damaging character reference.

There are instances in the workplace when certain operations undertaken by the business of the employer become commercially unprofitable or difficult to manage.

December 1 is the date chosen to mark World Aids Day. The day encourages people to deal with prejudice and to create awareness about HIV.

For the majority of people, once they’ve received an offer of employment and have accepted it, the next step is to start work with their new employer. Occasionally, however, individuals will find themselves in the unfortunate position where an offer of employment is revoked before they even report for their first day of work.

As a result of the further steps in the liberalization of South African Exchange Controls announced by the Minister of Finance in the 2010 Medium Term Budget Policy Statement, the Financial Surveillance Department implemented the following amendments to exchange control limits and policy:

The Competition Commission in South Africa has been investigating allegations of price collusion in the food industry for several years, with specific focus on the wheat and maize milling industry and the bread and milk production industries.

The advent of the Consumer Protection Act (the Act) will have a material impact on those common clauses found in property sales agreements and/or other sale agreements commonly known as a “voetstoots” clause.

The National Credit Act 34 of 2005 (NCA) has found application in all spheres of legal practice and in court procedure.

Section 189 of the Labor Relations Act 66 of 1995 provides for dismissals based on operational requirements. It requires an employer to consult with any person where a collective agreement exists. If there is no collective agreement, the employer must consult with a workplace forum and any registered trade union whose members are likely to be affected.

In the Taxation Laws Amendment Bill 2010, tabled before Parliament, section 31 of the principal Act will be wholly replaced. This new section will come into operation on 1 October 2011.

The provisions of section 8C, that stipulates which equity instruments acquired by an employee will be subject to income tax, have been expanded to cover any "restricted equity instrument" acquired by that employee or director from the company or an associated institution, or any person employed by or that is a director of that company.

It is not unusual for job advertisements to request the prospective job applicants to provide character references. It is also common practice for CVs to include the names and contact details of people who may be contacted to discuss the good qualities of the job applicant.

In the Budget Speech of 17 February 2010, the Minister of Finance announced a Voluntary Disclosure Programme, that will exist for a period of 12 months as from 1 November 2010 and which is aimed at encouraging tax payers to come forward to disclose possible tax defaults and to regularise their tax affairs.

The South African anti-money laundering laws are contained in the Prevention of Organised Crime Act (POCA), the Financial Intelligence Centre Act (FICA), and the Prevention and Combating of Corrupt Activities Act (PACCA).

The Consumer Protection Act (the Act) is particularly far reaching, extending to almost all areas of supply of goods and services in South Africa. Suppliers must accordingly endeavour to familiarise themselves with the provisions of the Act so that they are aware of the extent of their potential liability as well as the nature and extent of compliance required by the particular supplier.

The South African anti-money laundering laws are contained in a number of statutes, more specifically: • The Prevention of Organized Crime Act which came into operation on 21 January 1999. • The Financial Intelligence Center Act which came into operation in February 2002. • The Prevention and Combating of Corrupt Activities Act which came into operation in April 2004.

During October 2010 the South African Consumer Protection Act will come into force and effect. The act will have a dramatic change on the current position in South Africa relating to product liability, as consumers will be able to exercise their rights under the no-fault product liability provisions.

The Basic Conditions of Employment Act (BCEA) sets out to regulate the right to fair labor practices in terms of section 28 of the Constitution.

The Consumer Protection Act (the act) is particularly far reaching, extending to almost all areas of supply of goods and services in South Africa. Suppliers must accordingly endeavor to familiarize themselves with the provisions of the Act so that they are aware of the extent of their potential liability as well as the nature and extent of compliance required by the particular supplier.

Before the Labor Appeal Court decision of Samancor Tubatse Ferrochrome v MEIBC, an employer could not dismiss an employee, who was imprisoned for non-work related reasons, on the basis of incapacity.

South African Law has been based on a "creditor friendly approach". Inevitably, in terms of the creditor friendly approach the prospect of corporate rescue thinking does not exist and the emphasis is on liquidation and protection of the rights of creditors.

Section 3 of the Code of Good Practice on the Handling of Sexual Harassment Cases defines sexual harassment as the “unwanted conduct of a sexual nature”.

Egypt, Sudan and South Africa have adopted a dangerous approach of ignoring the rights of their downstream neighbors. Water represents a serious constraint to economic growth in southern Africa unless the Department of Water Affairs allocates and manages duty – at the cost of its neighbors.

The freshwater resources of a nation are a valuable commodity and are a critical input for economic development.

Is there any law which regulates living with your partner out of wedlock? Currently a domestic partnership bill has been published for comment; however, it has not come into force yet. This bill makes provision for a partner in a "domestic partnership" to be able to claim maintenance as well as a portion of the movable and immovable assets of the other partner upon the termination of the partnership.

Often an employee, who has been charged with misconduct and was found guilty and subsequently dismissed, will wittingly or unwittingly fail to inform their new employer that their services were terminated due to misconduct.

The Employment Equity Act, 1998, places a high responsibility on an employer when an employee is sexually harassed by another employee. There is no obligation placed on the employer where the harasser is not an employee.

An employment relationship entails two distinct primary obligations for parties involved. The employee’s primary obligation is to place services at the employer’s disposal, while the employer’s obligation is to remunerate the employee for services rendered. However, it cannot be denied that the bargaining power between an employer and an employee is by its nature unequal.

The question relating to the promotion of an employee often arises in the workplace, but there is not much understanding of the legal implications surrounding an employer's decision to promote or not to promote an employee.

In cases where an applicant has initiated application proceedings in the Labor Court and, after the respondent has entered a notice of intention to oppose as well as an answering affidavit to the founding affidavit, does not file a replying affidavit or have the matter set down for hearing, the respondent may apply to have the matter dismissed.

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health.

Sex workers occupy a precarious position in South African society regarding their legal rights. The Sexual Offenses Act 23 of 1957 criminalizes brothel keeping and carnal (sexual) intercourse for reward.

The perception of doing business in Africa as “risky business” is fast diminishing as India looks to Africa as a favorable destination for trade. The link between South Africa and India can be traced back to the days of Mahatma Gandhi who had his roots both in India and in South Africa.

Section 344(h) of the Companies Act 61 of 1973 provides that a company may be wound up by the court if it appears to the court that it is just and equitable to do so. The word "may be wound up" grants to the court discretionary powers to decide whether to wind up irrespective of the grounds for winding up.

The Companies Act, 2008, (the New Act) will change the way in which the internal procedures of South African companies are regulated, through the introduction of the Memorandum of Incorporation (MOI), which document will replace the Memorandum and Articles of Association (Memorandum and Articles) under the Companies Act, 1973 (the Old Act).

Loss of earning capacity is a person’s loss of the ability to earn income. However, does such loss translate to an actual loss of earnings?

The Road Accident Fund Amendment Act 19 of 2005 (the Amendment Act) has been a highly debated topic across South Africa since it came into effect on 1 August 2008. Of particular interest are the amendments that will preclude high income earners and their financial dependants from claiming their full loss of income or loss of support from the Road Accident Fund (RAF).

What is child abuse? According to the Children's Act 38 of 2005 "abuse" means any form of harm or ill-treatment deliberately inflicted on a child. Child abuse occurs in all types of families, rich and poor. The abuser can be anyone and is not limited to the mother, father, sibling or family member of the child. A person who allows abuse to occur without reporting it within a reasonable time is also guilty of child abuse.

What is "contact"? Contact (previously known as "access") is what is awarded to the parent with whom the child is not residing ("the non-resident parent") and entitles that parent to visit, speak or write to the child. Theoretically this is the right of the child; however, non-resident parents cannot be forced to have contact with their child.

The recent judgment by the North Gauteng High Court in the case of First Rand Bank Limited vs. Msawenkosi Arthur Dhlamini (GNP) (unreported case no 50146/09, 17-3-2010) (Murphy J) is a passed judgment on the controversial topic of “delivery” of a s129 letter of demand.

There’s a way to deal with harassment by a non-employee. Section 3 of the Code of Good Practice on the Handling of Sexual Harassment Cases defines sexual harassment as the “unwanted conduct of a sexual nature”.

The Consumer Protection Act (No 68 of 2008) was promulgated on 24 April 2009. The act lays the foundation for introducing a single comprehensive legal framework for protecting consumer rights in South Africa. It sets out the entitlement of consumers and responsibility of suppliers of goods and services.

The debate regarding the existence of labor brokers in the South African economy was, prior to the 2009 general election (and possibly still continues to be), a political hot-potato. Amendments to the legislation dealing with labor brokers should have been promulgated in early 2010 but the discussions around the issue continue. Amendments to legislation are anticipated in the latter part of 2010.

The Road Accident Fund Amendment Act of 2005 (the Amendment Act) has been highly debated in SA since it came into effect on 1 August 2008. Of particular interest are the amendments that will preclude high-income earners and their financial dependants from claiming their full loss of income or loss of support from the Road Accident Fund (the RAF).

Maintenance is a periodic payment made to the caregiver of a child under the age of 18 years for basic amenities such as food, shelter, clothing, education and medical care. According to S15 of the Children's Act 38 of 2005, a maintenance order is directed at a child's parents in order to enforce the duty of parents to support their child.

Where an applicant has initiated application proceedings in the Labor Court but, after the respondent has entered a notice of intention to oppose as well as an answering affidavit to the founding affidavit, does not file a replying affidavit or have the matter set down for hearing, can the respondent apply to have the matter dismissed?

As part of the tax proposals for the 2010/2011 fiscal year that are introduced by the Minister of Finance's in his Budget Speech, a “voluntary disclosure program” was announced, which will operate from 1 November 2010 to 31 October 2011.

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health. The reason for doing so is to avoid the abuse of sick leave by employees who are not genuinely sick when they absent themselves from work.

As construction for the 2010 Soccer World Cup in South Africa draws to a close, all eyes in the construction industry move to Brazil.

An individual is considered to be a tax resident in South Africa either if he is “ordinarily resident” in South Africa or if he passes the physical presence test.

In terms of section 29(1)(m) of the Basic Conditions of Employment Act 75 of 1997, when an employee commences employment, an employer must supply the employee with written particulars of his employment.

As construction for the 2010 Soccer World Cup in South Africa draws to a close, all eyes in the construction industry move to Brazil. In this article, we briefly consider the advantages of using either the Féderation Internationale des Ingéneurs-Conseils (FIDIC) Red Book, and the New Engineering Contract (NEC3) Engineering and Construction Contract.

It’s tough when a couple decides to split up, specifically if there are minor children involved. Questions need to be asked about who gets to live with whom – and the children’s opinions should also be taken into consideration. Luckily South African law provides some guidance.

The primary objective of the Basic Conditions of Employment Act 75 of 1997 (BCEA) is to set out and enforce minimum conditions of employment so as to protect workers from exploitation.

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health. The reason for doing so is to avoid the abuse of sick leave by employees who are not genuinely sick when they are absent from work.

Employees have a right to a hearing before any disciplinary sanction is imposed upon them, but there is uncertainty whether an employer can be sued for defamation by an employee for comments made during an investigation conducted before an internal disciplinary enquiry.

For the first time the Supreme Court of Appeal has been called upon to adjudicate a protected disclosures dispute. The broader effect of the case, City of Tshwane Metropolitan Municipality v Engineering Council of South Africa and another, is to develop further South Africa’s jurisprudence on whistleblower protection.

Most employers' human resources policies make provision for employees to produce medical certificates when they have been absent from work due to ill health. The reason for doing so is to avoid the abuse of sick leave by employees who are not genuinely sick when they absent themselves from work.

One should not underestimate the value of composing a last will and testament in order to provide for one’s loved ones when you die. You don’t want them, in their time of sorrow, to deal with the troubles attached to a beloved’s passing “intestate”, that is, without a valid will.

Direct marketing can be described as a multi-faceted set of business practices designed to promote and present an organization's products or services in ways that build effective customer relationships. Database usage is intrinsic to the ability and success of a direct marketer and its initiatives (utilizes personal information of and involves personal contact with the consumer).

The Tobacco Products Control Amendment Act 23 of 2007 and the Tobacco Products Control Amendment Act No of 2008 came into operation on 21 August 2009. The intention of the original act (Tobacco Products Control Act 83 of 1993) was to limit the amount of smoking in public places. The amendment acts have not deviated from this intention and have, in fact, strengthened the government's position against smoking in public.

The 2010 World Cup is widely seen as an unparalleled marketing opportunity for South Africa and its business community, and it is only natural for South African businesses to attempt to exploit this opportunity to its utmost, by using the event to promote their products and services.

For the first time the Supreme Court of Appeal has been called upon to adjudicate a protected disclosures dispute. The broader effect of the case - City of Tshwane Metropolitan Municipality v Engineering Council of South Africa and another - is to develop further South Africa’s jurisprudence on “whistleblower” protection.

Most working people are aware that in the event of an employment related dispute various forums such as the Commission for Conciliation, Medication and Arbitration (CCMA), bargaining councils and the Labor Court can be approached for assistance, including relief.

The issue regarding the promotion of an employee often arises in the workplace, but there is not much understanding of the legal implications surrounding an employer's decision to promote or not to promote an employee.

An employment relationship entails two distinct primary obligations for parties involved. The employee’s primary obligation is to place services at the employer’s disposal, while the employer’s obligation is to remunerate the employee for services rendered. However, it cannot be denied that the bargaining power between an employer and an employee is by its nature unequal.

Most working people are aware that in the event of an employment-related dispute, various forums such as the CCMA, bargaining councils and the Labor Court can be approached for assistance.

All too often, individuals co-habiting in domestic relationships endure every day with ongoing abuse on some or other level. In 1998, South African (SA) legislature sought to eradicate the occurrence of domestic abuse with the promulgation of the Domestic Violence Act, 116 of 1998 (the Act).

The law and procedure governing child support grants is set out in Social Assistance Act 13 of 2004 (the Act).

Construction dispute resolution techniques are no longer confined to grim court or arbitration battles. Far more appropriate techniques have emerged; techniques which seek to preserve commercial relationships and minimize disruption to the progress of the works.

Does an employee have a legitimate expectation to a promotion?

Court ruling answers a critical questions relating to employees of labor brokers.

The Constitution specifically requires the independent regulation of broadcasting. Section 192 provides: National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.

Infertility is on the increase. The inability of potential parents to conceive a child of their own often leaves couples disheartened and discouraged, especially when artificial fertilization is not a viable option for them. As in last issue's segment, we explore another option available to prospective parents who are not able to conceive or choose not to, and that is adoption.

Section 23 of our Constitution provides that everyone has the right to fair labour practices. In order to give effect to this right in the employment law context, the Basic Conditions of Employment Act 75 of 1997 (the BCEA) was passed to regulate the basic conditions of employment.

Incapacity is the failure or inability of an employee to work according to the required standard of the job; it encompasses poor work performance. Incapacity due to ill health or injury differs from poor work performance, because no fault can be attributed to the employee for the incapacity or the poor performance.

The question which arises with the introduction of the new Companies Act 71 of 2008, is having regard to the provisions of section 75 of the new Act, what is happening to the rule on corporate opportunities as has developed in the common law?

This article sets out the amendments to the "foreign business establishment" exemption contained in South Africa's "controlled foreign company" (CFC) legislation, as introduced in the Taxation Laws Amendment Act of 2009.

SA has recognised the risk of climate change in its "National Climate Change Response Policy" that was launched at the National Climate Change Summit in March

The purpose of the Basic Conditions of Employment Act 75 of 1997 is to establish minimum terms and conditions of employment for employees. Among the important provisions of the act is the granting of annual leave on full remuneration.

According to the latest South African census, conducted in 2001, fertility in South Africa has been decreasing for almost four decades. The national level of fertility has been estimated at below three children per female in the country.

Clause 11 of the Children's Act 38 of 2005 defines the state's obligations to ensure the care, development and protection of children living with a disability or chronic illness.

When an employee is injured or killed during the course of their employment, they or their dependants may claim compensation within 12 months of the accident or date of death from the workmen's compensation commissioner. They can claim from the Workmen’s Compensation commissioner.

The Basic Conditions of Employment Act 75 of 1997 is designed to establish minimum terms and conditions of employment for employees. Among the important provisions of the act is the granting of annual leave on full remuneration.

The current economic climate has resulted in many retrenchments worldwide and South African employers are now asking questions about their obligations to employees in a retrenchment process.

It is generally accepted that when an employee submits a letter of resignation, that letter brings the employment relationship to an end and the employee has no further claim against the employer.

In the recent Supreme Court of Appeal (SCA) judgment of Sasria Limited v Slabbert Burger Transport (Pty) Ltd, 2008 (5) SA 270 (SCA), the SCA had to interpret the word "strike" in a so-called coupon policy issued by Sasria to the respondent.

Transport operations and their associated infrastructure give rise to large environmental impacts. New projects mostly require environmental authorisation and developers must therefore walk the gangplank of the environmental impact assessment (EIA) process.

Like many other sectors, the market for rented retail property has not escaped the fall-out from the worldwide economic slowdown. Just how big the impact has been and how it has affected the process of negotiating a retail lease is worth considering.

It is generally accepted that when an employee hands in a letter of resignation, that letter brings the employment relationship to an end and the employee has no further claim against the employer.

Section 186(2) of the Labor Relations Act defines an unfair labor practice as an unfair act or omission that arises between an employer and an employee

Crime statistics show that alcohol and drug consumption has in many cases a direct and substantial influence on criminal conduct. It is, therefore, alarming that people who become voluntarily drunk stand a good chance of being acquitted in the South African courts if the evidence reveals that, at the time of the act, the accused happened to fall in the grey area between ‘slightly drunk’ and ‘very drunk’.

When an employee refers an unfair dismissal or unfair labour practice dispute to the CCMA, the CCMA is required to appoint a commissioner to firstly attempt to resolve the dispute through conciliation.

The current economic climate has resulted in a proliferation of "cash strapped" consumers. Accordingly the purchase of a vehicle is very rarely a cash transaction. The obvious alternative is an installment sale agreement, whereby the vehicle is paid off over a period of time.

Those who bend the rules stand accused of money laundering and may face action

Labour court rules on whether an employer can overturn the sanction imposed by a disciplinary inquiry

Very often people are employed on probation for an agreed period of time subject to their employment being confirmed or discontinued due to unsatisfactory performance. This is regulated by item 8 of schedule 8 of the Labor Relations Act 66 of 1995.

The National Credit Act is a piece of legislation heavily geared towards consumer protection. The restrictions and limitations it imposes on credit providers in the name of consumer protection are numerous and since its implementation have definitely impacted on the conduct and profitability of the businesses of credit providers across the board.

South Africa has recognised the risk of climate change in its "National Climate Change Response Policy" launched at the National Climate Change Summit in March 2009. It has been estimated that commercial buildings account for approximately 20% of greenhouse gas emissions, both during the construction phase and the ultimate use of the building.

Sexual harassment is defined as unwanted conduct of a sexual nature. SA’s labour law places a duty on employers to ensure that complaints of sexual harassment are properly dealt with. Failure to do so may lead to the employer being held vicariously liable for the acts of sexual harassment committed towards its employees.

An employee pleads guilty to committing fraud amounting to hundreds of thousands of rands. The chairperson of the disciplinary inquiry decides to impose a sanction of a final written warning. The employer is not happy with the sanction, believing that it cannot trust the employee anymore and that by retaining the employee, it might create a precedent among employees - that if they committed fraud, they would get away with a final written warning.

The Supreme Court of Appeal recently, in the unreported judgment of Gordon v Department of Health (unreported case no 2007/337, 17-9-2008) had opportunity to again deal with the principles relating to joinder.

The Constitution of the Republic of South Africa guarantees the right of an employee not to be subjected to unfair discrimination.

It is important that all players are aware of whether they are bound by the new law. The Consumer Protection Act is a piece of legislation to create and promote an economic environment that supports and strengthens the culture of consumer rights and responsibilities.

The current economic climate has resulted in a proliferation of "cash strapped" consumers. Therefore, the purchase of a vehicle is very rarely a cash transaction. The obvious alternative is an instalment sale agreement, whereby the vehicle is paid off over a period of time.

In labor law legal representation is not permitted in arbitration proceedings where a party is dismissed for misconduct and incapacity. However, legal representation can be permitted during arbitration with the consent of the parties and the arbitrator. The reasoning for not affording parties the right to legal representation in arbitration proceedings is meant to facilitate an effective process which should expedite the finalization of an arbitration.

It is just over one year ago that South Africa experienced severe electricity shortages. Energy planning is therefore something which is or ought to be dear to all South Africans. It also has significant environmental impacts – especially with respect to the energy diversification or mix of energy sources that are pursued.

Sexual harassment is defined as unwanted conduct of a sexual nature. Our labour legislation places a duty on employers to ensure that complaints of sexual harassment are properly dealt with. Failure to do so may lead to the employer being held vicariously liable for the acts of sexual harassment committed towards its employee/s.

An employee may be suspended from his work pending a disciplinary hearing or as a form of sanction. Where an employee is suspended pending a disciplinary enquiry, the employer is in most cases obliged to continue to pay the employee's salary.

It is just over a year since South Africa experienced severe electricity shortages. Energy planning should, therefore, be clear to all South Africans. It also has significant environmental impacts, especially with respect to the energy "diversification" or the "mix" of energy sources pursued.

The current economic climate has resulted in a proliferation of "cash strapped" consumers. The purchase of a vehicle has indeed rarely been a cash transaction. The obvious alternative is an instalment sale agreement, whereby the vehicle is paid off over a period of time.

Many employers today would for various reasons like to monitor their employees’ emails and Internet use. Such monitoring must be handled carefully in order to ensure that employers do not violate their employees’ constitutionally protected right to privacy.

Section 26 of the Basic Conditions of Employment Act 75 of 1997 sets basic standards for the safety and health of pregnant employees. In terms of section 87(1)(b) of the Act, the Minister of Labour has issued a Code of Good Practice on the Protection of Employees during pregnancy and after childbirth.

It is generally accepted that, when an employee submits a letter of resignation, the letter brings the employment relationship to an end and the employee has no further claim against the employer.

Is there a duty on a prospective employee to disclose misconduct which he or she has committed or is suspected of having committed, if not specifically asked during an interview for employment?

There is no shortage of infrastructure projects on the African continent but the landscape changed dramatically in 2009. The turmoil in global commodity and financial markets over recent months has probably changed banking forever.

The current economic climate has resulted in many retrenchments worldwide and employees are now asking questions about employers’ obligations to employees in a retrenchment process.

The present economic climate has resulted in many retrenchments worldwide and South African employers are now questioning their obligations to employees in a retrenchment process.

About two years ago there was a lot of media coverage about South Africa adopting something similar to what the Canadian tax regime has namely, a form of flow-through company. The idea behind this company was to assist the development of junior mining companies, by passing the tax breaks which a mining company is eligible for to its shareholders in the period before the mining company generates sufficient taxable income from production to utilise the costs generated by its mining activities.

There are various reasons why employees fail to give notice to employers on termination. Whatever the reasons, this phenomenon is not only common but also appears to be on the increase in the South African workplace. The good news for employers is that there are legal remedies.

The credit crisis has forced a number of South African employers to reorganise their businesses and this will no doubt continue next year. This article briefly explores our law relating to reorganising a business as it applies to employees and employers.

In South Africa, the sea and the sea-shore were previously regulated by the Sea-Shore Act. In order to align the regulation of this sensitive environmental zone in line with the Constitution and environmental-specific legislation such as the National Environmental Management Act 107 of 1998 (NEMA), a new Act has been enacted.

In SA the sea and the seashore were previously regulated by the Sea-Shore Act of 1935. In order to align the regulation of this sensitive environmental zone in line with the constitution and environmental specific legislation such as the National Environmental Management Act of 1998, the National Environmental Management Integrated Coastal Management Bill (“the Coastal Management Act”) has been enacted.

Few activities are more environmentally destructive than mining. But SA’s economy was built on mining. We also have an environmental right in our constitution that has been described by our courts as “majestic” as it offers unlimited protection for the environment.

Few activities are more environmentally destructive than mining. South Africa's economy, however, was built on mining. We also have an environmental right in our Constitution that has been described by our courts as "majestic" as it offers unlimited protection for the environment.

The Labour Relations Act makes provision for the demotion of an employee in the right circumstances. Demotion is defined as a reduction of dignity, importance, responsibility, power or status of an employee even if his or her salary and attendant benefits and rank are retained.

In the last three to five years, Africa has seen the increasing use of public private partnerships for infrastructure development. This private sector involvement has been dependent on the commercial viability of projects with revenue streams covering more than the capital and running costs involved, ensuring an appropriate return.

The Administrative Adjudication of Road Traffic Offenses Act of 1996 provides for a new road traffic offenses system to be implemented in South Africa. The act is expected to come into operation throughout South Africa during the course of this year.

For decades South Africans have utilised nominee shareholders to hold their shares in companies in order to ensure that their shareholdings remain ”off the radar”. At common law it is quite permissible for the registered holder of a share(s) to do so as an agent (or nominee) for the owner or beneficial shareholder of those shares.

Only certain unfair acts or omissions on the part of an employer constitute an "unfair labor practice”.

Double tax relief is a term associated with cross border transactions and refers interchangeably to any of the relief methods which may exist in domestic tax law or treaty law.

A company may be faced with a situation where it has to suspend a member of its executive management pending an investigation into allegations of serious misconduct or the holding of a disciplinary enquiry. Does a different set of rules apply for suspensions of a member of executive management than to junior employees?

Penalty clauses are a common and often essential provision in commercial contracts. The enforceability of these clauses is, however, not always straight forward and the prudent businessman is well advised to acquaint himself with the general legal principles around them.

It is the prerogative of an employer to discipline its employees. An employee who has been charged with misconduct or poor performance is entitled to be given the opportunity to be heard before he can be sanctioned. Arising from the convening of a disciplinary enquiry, the employer may impose a sanction it considers appropriate, provided the sanction is fair.

Is there a duty on a prospective employee to disclose misconduct which he or she has committed or is suspected of having committed, if not specifically asked during an interview for employment?

A company may be faced with a situation where it has to suspend a member of its executive management pending an investigation into allegations of serious misconduct or the holding of a disciplinary enquiry. Does a different set of rules apply for suspensions of a member of executive management than to junior employees?

When the Consumer Protection Bill comes into effect next year, small business owners will need to be aware of all the implications.

This is a question which I found myself asking after reading the July issue of Newsweek. The publication is largely dedicated to environmental issues and contains a summary of a recent environmental performance study conducted by Yale and Columbia Universities.

The need to protect and preserve the environment is no longer a debate. Governments around the world, including South Africa, have recognised the need to put certain legislative measures in place to ensure that the environment is, to some extent, preserved at the expense of business.

Fixed-term franchise agreements run for a specific time period at the end of which they terminate automatically if not renewed or extended. The agreements can be terminated by either the franchisor or franchisee.

About two years ago there was a lot of media coverage about South Africa adopting something similar to what the Canadian tax regime has namely, a form of flow-through company. The idea behind this company was to assist the development of junior mining companies, by passing the tax breaks which a mining company is eligible for to its shareholders in the period before the mining company generates sufficient taxable income from production to utilise the costs generated by its mining activities.

You pay your municipal account every month in full according to the invoices submitted to you. What happens when, as a result of the municipalities' ineptitude, you receive an account for an amount over and above what you have already paid? Their argument is that they undercharged you for the last three years. Can you place this amount in dispute and offer an amount in full and final settlement?

In the technology-driven age we live in, employers may often find themselves in a situation where the monitoring of their employees' email and internet use becomes necessary, either to investigate suspected wrongdoing or to prevent the abuse of company resources by employees for personal reasons.

What effect has the National Credit Act, which replaced the Usury Act and the Credit Agreements Act, had on consumers, credit providers and the credit market as a whole, one year after its implementation?

Incapacity is the failure or inability of an employee to work according to the required standard of the job. It encompasses poor work performance. Incapacity due to ill health or injury differs from poor work performance, because no fault can be attributed to the employee for the incapacity or the poor performance.

About two years ago there was media coverage about SA adopting something similar to what the Canadian tax regime has, namely, a form of flow-through company. The idea behind this company was to assist the development of junior mining companies by passing the tax breaks which a mining company is eligible for to its shareholders in the period before the mining company generates sufficient taxable income from production to utilize the costs generated by its mining activities.

The Labor Relations Act 66 of 1995, has provided for the establishment of dispute resolution agencies such as the Commission of Conciliation, Mediation and Arbitration (CCMA), Bargaining Councils and the Labor Court.

The recent strike by Woolworths employees related to the recognition of the trade union, Saccawu, raised many questions about the rights of trade unions.

South Africa scores poorly on an international environmental performance index. Does this mean our country’s environmental policies and laws are on the wrong track?

When the Consumer Protection Bill comes into effect next year, small business owners will need to be aware of all the implications…

The Labor Appeal Court and the Labor Courts have come out strongly against racism in the workplace. The reason for such approach is obvious – the constitution and other pieces of legislation, including labor legislation, outlaw historically institutionalized racism in SA.

An employer must apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past and consistently as between two or more employees who participate in the misconduct under consideration.

The Administrative Adjudication of Road Traffic Offences Act (46 of 1996) (AARTO Act) provides for a new road traffic offences system to be implemented in South Africa, which is presently being piloted in Tshwane and will be piloted in Johannesburg around November 2008. The Act is expected to come into full operation throughout South Africa during the course of 2009.

The recent decision of the Securities Regulation Panel (SRP) in the matter of Tsogo Sun Holdings Limited (Tsogo) and Gold Reef Resorts Limited (Gold Reef) brought to the fore the crucial role played by the SRP in potential takeovers, including the extent of its powers under the Companies Act to enforce the securities regulation panel code.

Under the Electronic Communications Act, 2005, a radio frequency spectrum license is required for the purposes of utilizing the radio frequency spectrum. Radio frequency spectrum means the portion of the electromagnetic spectrum used as a transmission medium for electronic communications.

Environmental Impact Assessments (EIAs) have been part of South African environmental law since the enactment of the EIA Regulations under the Environmental Conservation Act in 1998. These have been amended and streamlined since the new EIA Regulations were introduced in 2006 under the National Environmental Management Act and are currently undergoing further amendments.