ARTICLES

ADVERSARIAL SYSTEM VERSUS THE INQUISITORIAL SYSTEM

Accusatorial System South Africa’s legal system is primarily based on customary law, with large areas re-enacted by statutory law. The […]

Cohabitation in South Africa

Cohabitation is an arrangement where two people are not married but live together. They are often involved in a romantic […]

DEALING WITH A SECURITY COMPROMISE IN THE ERA OF POPIA (PROTECTION OF PERSONAL INFORMATION ACT)

Experienced security professionals advise that even the most sophisticated organisations will eventually experience a personal information breach (security compromise). Organisations […]

EXCESSIVE PRICING AND PRICE HIKING BEFORE AND AFTER COVID-19

The effect of the initial Level 5 national lockdown not only instilled anxiety and fear of the unknown in all […]

STATEMENT BY MINISTER OF HOME AFFAIRS ON RE-OPENING OF SOUTH AFRICA’S BORDERS

The Minister of Home Affairs, during a press release on 30 September 2020, released a list of countries from which […]

ADMISSION OF GUILT FINES DURING LOCKDOWN PREJUDICING ORDINARY SOUTH AFRICANS IN AN ALREADY CRIPPLED ECONOMY

Criminal Law in South Africa is based on the constitutional right that every accused person is presumed to be innocent […]

COVID-19 AND THE UNCERTAINTIES OF LIFE: WHY YOU NEED AN ESTATE PLAN

The worldwide Covid-19 pandemic has led to uncertainties of life to everyone’s consideration. This is especially the situation due to […]

THE COMPETITION COMMISSION LOOKS TO REPAIR THE HOLES IN THE MOTOR INDUSTRY BY PROMOTING EFFECTIVE COMPETITION

The Competition Commission (“the Commission”) published guidelines for competition in the South African automotive aftermarket industry on 6 February 2020 […]

ANY PERSON WHOM THE DECEASED MAINTAINED WHILE THEY LIVED WILL BE A BENEFICIARY OF THE DECEASED’S ESTATE IN TERMS OF SECTION 37C OF THE PENSION FUNDS ACT, 24 OF 1956

Section 37C of the Pension Funds Act, 24 of 1956 (“the Act”), has come under much scrutiny in recent years, […]

DISMISSED FOR LODGING AN INTERNAL GRIEVANCE

Is it automatically unfair dismissal in terms of s187(1)(d) of the Labour Relations Act, 66 of 1995 (“LRA”)? Does the […]

EVICTIONS UNDER ALERT LEVEL 2 OF THE LOCKDOWN

Since the outbreak of the coronavirus and the introduction of the Disaster Management Act, 57 of 2002 (“the DMA”), execution […]

I DO, OR I DON’T?

For those of you who have been planning to tie the knot with a lavish ceremony, you may want to […]

SUBSTANTIAL CHANGES IN THE PIPELINE FOR DESIGNATED EMPLOYERS REGARDING EMPLOYMENT EQUITY

The latest version of the Employment Equity Amendment Bill, 2020, was published on 20 July 2020 which version is now […]

TOUGH TIMES, TOUGH DECISIONS. IS BUSINESS RESCUE AN OPTION?

I would imagine that there are many company directors and shareholders who are wondering if there is light at the […]

WHAT YOU NEED TO KNOW ABOUT PRESIDENT RAMAPHOSA’S NATIONAL ADDRESS ON 15 AUGUST 2020

President Ramaphosa addressed the nation on 15 August 2020 to provide an update on the national effort to contain the […]

APPOINTMENT OF AN ADMINISTRATOR IN TERMS OF SECTION 60 OF THE MENTAL HEALTH CARE ACT, 17 OF 2002

The provisions of the Mental Health Care Act, 17 of 2002 (“MHCA”) provide that the Master of the High Court may […]

EXPUNGEMENT OF A CRIMINAL RECORD

Criminal records have always been a matter of public record, but developments in technology has made it easier for potential […]

THE COST-EFFECTIVE NOTARIAL TIE AGREEMENT

What is a Notarial Tie Agreement? As the name suggests, a Notarial Tie Agreement (“Tie Agreement”) is an agreement executed […]

WHEN SHOULD YOU APPLY FOR A LIQUOR LICENCE?

The Eastern Cape Liquor Act, 10 of 2003, (“ECLA”) applies to the province of the Eastern Cape and regulates the […]

THE RELAXATION OF CERTAIN SPORTING ACTIVITIES UNDER ALERT LEVEL 3

On 11 June 2020, the Minister of Sport, Arts, and Culture, Mr Nkosinathi Mthethwa, issued an Amended Direction and announced […]

CLAIMING AGAINST THE ROAD ACCIDENT FUND

Road accidents are a common occurrence in our society, and it may be very confusing as to how to go […]

RESCISSION OF JUDGMENTS: THE PROCEDURE TO BE FOLLOWED

With the current prescribed interest rate being 8.75%, the lowest it has been in the last decade, obtaining credit from […]

PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (“POPIA”)

On the 1st of July 2020 all but two of the remaining sections of the Protection of Personal Information Act, 4 […]

UPDATE ON COVID-19 RESTRICTIONS ON DOMESTIC PASSENGER FLIGHTS

This article seeks to provide a brief update on an article published on our Facebook page and our website on […]

AFFIRMATIVE ACTION: TEN LESSONS LEARNT FROM RECENT CASE LAW

The Employment Equity Act, 55 of 1998, (“EEA”) was set up to achieve equality in the work environment through the […]

COVID-19 RESTRICTIONS ON DOMESTIC PASSENGER FLIGHTS AND GENERAL AVIATION

In the latest Regulations to the Disaster Management Act, 57 of 2002 (“DMA”), which came into force nationally on 1 […]

PROHIBITION OF EVICTIONS EXTENDED UNDER LEVEL 3 OF THE LOCKDOWN

On 28 May 2020, the Minister of Cooperative Governance and Traditional Affairs announced the latest Regulations to the Disaster Management […]

RETRENCHMENTS IN SOUTH AFRICA

As a result of a tough and unstable economy, the reality of retrenchments has hit South Africa once again with […]

COVID-19’S INFECTION ON BUSINESS LIFE FOR EMPLOYERS AND EMPLOYEES

It is no secret that the COVID-19 pandemic is dramatically “infecting” an already struggling economy, all businesses, and their employees. […]

GAUTENG HIGH COURT DECLARED COVID-19 LOCKDOWN REGULATIONS FOR ALERT LEVEL 3 AND 4 INVALID AND UNCONSTITUTIONAL

Synopsis An urgent application was launched in the Gauteng High Court to challenge the constitutionality of the national lockdown and […]

BLC ATTORNEYS COVID-19 UPDATE

We at BLC Attorneys trust that all of our clients and the public at large are continuing with their efforts […]

AARTO: NEW DEMERIT SYSTEM & ALCOHOL LIMIT FOR SOUTH AFRICAN MOTORISTS

“It is going to be zero! no alcohol in the blood. Zero! No more a glass for the road”. This […]

CO–HOLDERS OF PARENTAL RESPONSIBILITIES AND RIGHTS AND COVID-19

Amidst the announcement and implementation of the national lockdown, a great deal of concern and fear amongst many people arose. […]

THE FUNCTIONING OF SOUTH AFRICAN COURTS DURING LOCKDOWN

As the COVID-19 pandemic continues to surge around the world, South Africa has been putting several measures into effect in […]

COVID-19 AND FREEDOM OF SPEECH

As a citizen in a democratic country like South Africa, one is entitled to freedom of speech. It is a […]

UNDER WHICH CIRCUMSTANCES CAN AN EMPLOYER BE HELD VICARIOUSLY LIABLE FOR THE ACTIONS OF HIS EMPLOYEE?

What is Vicarious Liability? Vicarious liability refers to a situation where an employer is held responsible for the actions or […]

PAYMENT HOLIDAY VS CREDIT LIFE INSURANCE DURING THE COVID-19 PANDEMIC

What is a payment holiday? A payment holiday is an agreement you might be able to make with your credit […]

TERS FUNDING – RECOVERY OF MONIES ADVANCED TO EMPLOYEES

The TERS-funding process does not allow employers with 10 or less employees to collect and pay over these UIF benefits […]

Interpretation of “Collection Costs” and Application of the “in duplum rule” in terms of the National Credit Act

The Western Cape High Court recently handed down an interesting judgement in the case of University of Stellenbosch Law Clinic […]

HOW TO CONDUCT AN ELECTRONIC SHAREHOLDERS’ MEETING DURING LOCKDOWN

While the lock down in South Africa is scheduled to end on Thursday, 16 April at 23h59, the possibility remains […]

COVID-19 INSURANCE POLICIES

COVID-19 has reared its ugly head in South Africa, causing anxiety all across the board. A major influencer of this […]

ELECTRONIC SIGNATURES: TIME TO THINK DIFFERENTLY AND CHANGE YOUR APPROACH

I think we can all agree that the current global pandemic is forcing us all to re-assess various aspects of […]

CHILDREN BORN TO FOREIGN IN PARENTS IN SOUTH AFRICA WINS HARD-FOUGHT BATTLE AGAINST MINISTER OF HOME AFFAIRS

Obtaining citizenship by birthright is recognised by countries such as the United States of America, Canada and our neighboring country, […]

TEMPORARY EMPLOYER/EMPLOYEE RELIEF SCHEME (TERS)

The Department of Employment and Labour has published Regulations and a guide to enable businesses to apply for funding to […]

COVID-19 REGULATIONS: IMPLICATIONS FOR RESTAURANTS

Government has taken steps to prevent an escalation of the COVID-19 disease. The disease is a pandemic and has serious […]

COVID-19 REGULATIONS: IMPLICATIONS FOR ACCOMODATION ESTABLISHMENTS

The Minister has published Regulations in terms of the Disaster Management Act relating to Accommodation establishments. The Regulations are currently […]

COVID-19 REGULATIONS: IMPLICATIONS FOR LIQUOR STORES

The relevant Minister has promulgated Regulations in terms of the Disaster Management Act regarding the times off consumption liquor premises […]

DON’T BE A PUSH – R50 000 DAMAGES AWARD FOR CALLING SOMEONE FEMALE GENITALIA

On the 7th of March 2019, the East London High Court ruled in favour of an aggrieved East London businessman […]

PREVENTION AND COMBATING OF HATE CRIMES AND HATE SPEECH BILL

South Africa is a country riddled with discrimination. This is made worse by the fact that it comes from different […]

COUNTDOWN REGARDING POPIA

The Protection of Personal Information Act (“POPIA”) has been passed into law but awaits a date to be implemented – […]

THE CHILD JUSTICE AMENDMENT BILL

The Child Justice Act, No. 75 of 2008, regulates the rights pertaining to children under 18 years of age and […]

THE TRADITIONAL COURTS BILL 2017

The Traditional Courts Bill was first tabled and discussed at the Justice and Correctional Services Committee in Parliament (“the Committee”) […]

DERIVATIVE MISCONDUCT: WHO’S GUILTY?

The doctrine of derivative misconduct was recently examined by the Labour Appeal Court (“LAC”) in National Union of Metalworkers of […]

EMPLOYMENT EQUITY AMENDMENT BILL

The draft Employment Equity Amendment Bill and Employment Equity Regulations have recently been published for public comment.  CLICK HERE to […]

EMPLOYERS LIABILITY FOR DISCRIMINATION BY CUSTOMERS TOWARDS EMPLOYEES

The Labour Court was faced with an interesting question in the matter of Shoprite Checkers (Pty) Ltd v Samka & […]

TRANSFER OF A BUSINESS AS A GOING CONCERN: THE FACTUAL ENQUIRY RE-AFFIRMED IN SPAR

The concept of a transfer of a business as a going concern is one that has been unpacked and assessed […]

THE ADVISORY ARBITRATION PANEL: A CURB TO INTRACTABLE VIOLENT STRIKES?

On the 25th of April 2018, thousands of workers took to the streets in a protest against the proposed amendments […]

THE NEW NATIONAL MINIMUM WAGE: ARE YOU READY?

Come the 1st of May 2018, businesses will see the much anticipated National Minimum Wage Bill (“NMWB”) enacted into legislation. […]

RE-INSTATEMENT: THE PRIMARY REMEDY UNDER THE LRA

Modern day employees are well versed in their employment rights, especially when it comes time to head down to the […]

RESIGNATIONS: THE ‘SILVER BULLET’ TO DISCIPLINARY

You suspect an employee has committed gross misconduct. You investigate, lay the groundwork and issue a charge sheet calling the […]

SHORTLISTING OF EMPLOYEES/CANDIDATES FOR PROMOTIONAL POSTS

Employers must tread carefully when shortlisting employees/candidates for promotional posts and employers must apply the requirements set out for a […]

NOTARIAL BONDS

Movable property as a form of security The most common manner of securing an obligation, such as the repayment of […]

A NEW ERA FOR CONVEYANCING

This article aims to elaborate on a recent article done by our Mr Peter Bowes. On 19 September 2019, the […]

CARBON TAX BILL – NOW CARBON TAX ACT 15 OF 2019

The Act came into effect on 1 June 2019. Global warming and climate change is drastically changing every aspect of […]

TWO NEW ACTS WHICH REGULATE THE PROPERTY INDUSTRY

The State President passed two Bills into law which will impact significantly on the property industry. The effect of the […]

PROPOSED AMENDMENTS FOR RULES REGULATING “DIVORCE DEBT” CREATED BY GOVERNMENT EMPLOYEES PENSION FUND, LIGHT AT THE END OF THE TUNNEL

Presently, aggrieved divorce spouses who are members of the Government Employees Pension Fund (GEPF) are receiving the short end of […]

COMMON LAW RIGHT TO SET-OFF NOT APPLICABLE TO CREDIT AGREEMENTS SUBJECT TO THE NATIONAL CREDIT ACT

On the 27th of June 2019 the High Court sitting in Johannesburg handed down an interesting judgement on the correct […]

INTRODUCTION TO THE RENTAL HOUSING AMENDMENT ACT OF 35 OF 2014

The Rental Housing Amendment Act 35 of 2014 (herein after referred to as the “Amendment Act) is the recent amendment […]

DEFAMATION AND SOCIAL MEDIA

With the advent and proliferation of the various social media platforms such as Facebook, Twitter and Instagram, there has been […]

OBJECTING TO RESIDENTIAL AND COMMERCIAL PROPERTY RATES VALUATIONS

The most recent general valuation was conducted by the Nelson Mandela Bay Municipality (“NMBM”) in 2017. General valuations are conducted […]

WHAT TO DO? WHERE TO GO? WHOM TO TRUST? WILL I BE OKAY?

Losing a life partner is emotionally devastating. Once the close friends and family have left your side it’s going to […]

EVICTIONS

THE PIE ACT In South African law the eviction of a residential tenant is governed by the Prevention of Illegal […]

MARITAL STATUS IN SOUTH AFRICA

There are various Acts which regulate marriages in South Africa and the legal effects of the marriages. The first two […]

NEW OFFICES

BLC Attorneys has established itself as a leading law firm in the Eastern Cape region, offering a wealth of experience […]

PERSONAL SERVITUDE OF USUFRUCT

Usufructs, habitatio and usus are what we call personal servitudes. A personal servitude is always created in favour of an […]

BUDGET SPEECH 2019 BY MINISTER TITO MBOWENI

In the 2019 State of the Nation Address, our President set out an ambitious agenda for our nation. It is an […]

SEMINAL GDPR LEADS THE WAY IN REGAINING CONTROL OF YOUR PERSONAL INFORMATION

The protection of personal information has increasingly become a global topic of discussion and many states are in the process […]

MINISTER OF HOME AFFAIRS HAS ANNOUNCED AMENDMENTS TO THE IMMIGRATION ACT 2002

Ahead of the festive season, the Minister of Home Affairs has announced amendments to the Immigration Act 2002. These amendments […]

MASTER’S DIRECTIVE REGARDING THE APPOINTMENT OF INDEPENDENT TRUSTEES

The Master’s directive of requiring an independent Trustee to be appointed as a trustee where the Trust is registered for […]

DECRIMINALISATION OF PRIVATE USE OF DAGGA JUDGEMENT

In a unanimous decision by the Constitutional Court today, the private possession; use and cultivation of cannabis has been decriminalised. […]

TEMPORARY EMPLOYMENT SERVICES: THE CONSTITUTIONAL COURT HAS THE FINAL SAY

On the 26th of July 2018, we (finally) saw the end of the debate on the deeming provision in terms […]

NEW AMENDMENTS TO THE NATIONAL CREDIT ACT

In November 2017, the Draft National Credit Amendment Bill, 2018 was published by The Portfolio Committee on Trade and Industry, […]

LAND EXPROPRIATION WITHOUT COMPENSATION

The issue of land in South Africa is known to be a sensitive topic. In recent years there have been […]

YOU ARE WHAT YOU “LIKE”, “SHARE” OR “RETWEET”

In South Africa the use of smart phones and social media is ever increasing with a record 16 million Facebook […]

WORK VISAS IN SOUTH AFRICA: WHAT COMPANIES NEED TO KNOW

The Immigration Amendment Act, 13 of 2011 as well as the revised Immigration Regulations (“the Regulations”) has introduced numerous amendments […]

WHAT DOES THE VAT INCREASE MEAN TO YOU?

The 1st of April 2018 saw the introduction of the new 15% VAT rate. Government has projected an estimated R22.9 […]

VAT INCREASE: 1 APRIL 2018

NOTICE TO ALL CLIENTS The Minister of Finance announced an increase in Value Added Tax (VAT) from 14% to 15% […]

2017 PROPERTY RATES INCREASES

 Property owners in the Metro are still coming to grips with the recent General Valuation Roll (2017) released by the […]

CYBERCRIMES AND CYBERSECURITY BILL

A brutal reality of the world today is the developing worldwide risk (and industry) of cybercrime. Our reality rotates around […]

WHAT IS THE EFFECT OF DEATH OF THE PLAINTIFF?

WHAT IS THE EFFECT OF THE DEATH OF THE PLAINTIFF OR DEFENDANT IN THE COURSE OF ONGOING LITIGATION? This is […]

WILLS ESTATES

Get your FREE Will and Testament this Will’s Week 11-15 September.Email [email protected] to book your consultation. The only way to […]

THE DOMESTIC VIOLENCE ACT 116 OF 1998

Stories of abuse, abduction of women and children, and domestic violence have been trending on social media over the past […]

VICTORY FOR PROPERTY OWNERS IN THE LATEST SCA RULING

In the recent ruling of the Nelson Mandela Bay Municipality v Amber Mountain Investments, the Supreme Court of Appeal (“SCA”) […]

SHOULD YOU BELONG TO THE CONSUMER GOODS & SERVICES OMBUD?

The Code of Conduct (Code) for the Consumer of Goods and Services (CGS) industry became effective in 2015. The Code […]

SAFETY: TIPS FOR WOMEN AND GIRLS

We asked Atlas Security Community Development Manager (Port Elizabeth) and Ambassador for Women Empowerment, Bernadette Nel- Naude to help us […]

EMOJIS – A NEW WAY OF COMMUNICATION

Nowadays it is almost possible to have an entire conversation with someone using Emojis. The development in technology and the […]

THE REQUIREMENTS OF VALID CUSTOMARY PRACTICE OF UKUTHWALA

The customary practice of ukuthwala has come under the spotlight in recent times because of its connection to human rights […]

CHILD MAINTENANCE IN SOUTH AFRICA

The duty to support a child rests commonly to both parents and must be shared between them according to their […]

HAS THE TIME COME FOR SOCIAL MEDIA SPECIFIC LEGISLATION IN SOUTH AFRICA

A decade ago, social media platforms such as Facebook, Instagram and Twitter did not exist. However, since their inceptions these […]

SELLING YOUR HOUSE, WHAT YOU SHOULD KNOW ABOUT SELLING THROUGH AN AGENT

Selling your home can be a time consuming and costly exercise, especially when it is your first time with no […]

EMBRACE CHANGE – THE INSTALMENT SALE SOLUTION

The property market has changed and will continue to do so for some time to come.  Our capacity to adapt […]

PRE-INCORPORATION AGREEMENTS

It often happens that an individual is presented with a business opportunity to purchase a rental enterprise as a going-concern, […]

SECTION 47 OF THE ADMINISTRATION OF ESTATES ACTS

It is often the case in in deceased estates, particularly in instances of intestate succession, that immovable property falls to […]

REGULATED COMMUNITY LIVING

On the 7th October 2016 two important Acts became effective and are inter- related.The Sectional Title Schemes Management Act significantly […]