Insight Archives | Insights into The Law in South Africa

Important considerations when drafting certain commercial agreements

When drafting certain commercial agreements (including sale of business, sale of shares, subscription, sale of property and other form of agreements), you are faced with a myriad of provisions to consider. This article intends to provide a high-level overview…

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by Pieta Strauss

Unpacking probation – What are Employer’s obligations towards the Probationary Employee during the period of probation

Introduction: Item 8 of the Code of Good Practice: Dismissal – which is incorporated into the Labour Relations Act 66 of 1995, deals with all issues relating to the probation period of the Employee. According to the aforementioned Code of Good Practice, an …

Provided By Arnold Law - Legal Consultancy

by Fadia Arnold

High Court prescribes clarity for creditors in pharmacy sale matter

Judgment interprets the meaning of “void” in Subsection 24 (1) of the Insolvency Act A recent High Court judgment tackled the rationale and purpose of the...

by Eloise Cilliers

High Court prescribes clarity for creditors in pharmacy sale matter

How to put the brakes on vehicle repossession

Avoid getting your car repossessed In the current economic down turn, you may find yourself falling behind on your monthly car payments. We provide you with...

by Mokgadi Selebalo

Let’s talk corporate governance – What is it and what is it’s significance

Introduction Corporate governance refers to the adoption of legal structures and practices that are not specifically connected to outcomes in the market for the products or...

by Aphelele Mabanga

Three types of liability in personal injury cases

It’s important to understand the three types of liability in personal injury cases. A successful personal injury claim hinges on the ability to prove that another...

by DSC Attorneys

Protocol for dismissing an employee for poor work performance

Introduction Employees, when dismissed by their Employers are in many cases dismissed for some form of misconduct on the Employee’s part. However, dismissal for poor work...

by Fadia Arnold

Why is the transfer of my property taking so long and what can I do to speed up the process?

You have found your dream home, submitted your offer to purchase and have been advised what the additional costs involved in the transfer of your...

by Roxanne Benater

Pointers for becoming famous on social media

Social media platforms Instagram, Facebook and TikTok have provided a (sometimes dangerously) easy way for wannabe celebrities to get themselves into the public eye. In...

by Vicky Stilwell

Retrenchment – You could be next!

We break down and help you understand the retrenchment process In this article, the retrenchment process is fully explained. We offer you guidance on how to...

by Nadia Hadebe

If you want to be a winner, change your attitude towards the LAW – A message to all candidate attorneys, paralegals, trainees and students

In my transit journey of leaving a fraternity I had initially studied for and choosing to study law at 24, I have become versed with...

by Refiloe Seduke

If you want to be a winner, change your attitude towards the LAW – A message to all candidate attorneys, paralegals, trainees and students

When settlements are not settlements

Often disputes end in a settlement and as legal practitioners we encourage that. In Absa Bank Limited v Future Indefinite Investments 201 (Pty) Ltd and...

by Nicolene Schoeman-Louw

Working from home – Some important considerations

This article covers some of the most important points that all employers must consider whilst enabling employees to continue to effectively work from home. It is...

by Shaun Benater

Lionel triumphs in a “MESSI” trade mark battle

Barcelona football star, Lionel Messi has emerged victorious in a trade mark dispute over his name that has raged on for nearly a decade. The...

by David Legge

Clearing your criminal record

You can apply for expungement of your criminal record provided you meet the criteria, allowing you to carry on with life without a criminal record...

by Michael Visser

Compliance with the retrenchment process in South Africa’s second wave of Covid-19

Introduction: Almost one year ago 2020 was hit by COVID-19 causing many Employees to regrettably be retrenched. With the second wave having just occurred, 2021 may...

by Fadia Arnold

Sectional Title Schemes Management Act: Part 1 Body Corporates

In 2011 the Sectional Title Schemes Management Act (hereinafter referred to as the Management Act) was assented to by then-President Jacob Zuma. The need for...

by Jared Poole

How the Grinch stole Christmas… or did he?

“Holiday who-be what-ee?” Exactly that – who-be, what-ee, is it really Christmas time? At the best of times, Christmas is an emotional time of year! But this...

by Frieda Levycky and Alicia Koch

Constitutional Court ruling: Domestic workers and their legal rights

Introduction: Hundreds if not thousands of domestic workers have for decades not been treated fairly in terms of their legal rights. Certain employers of domestic workers,...

by Fadia Arnold

How and why parent companies should “ground” their subsidiaries

In terms of section 112 of the Companies Act 71 of 2008 (“Companies Act”), a disposal by a company of all or the greater part...

by Michael Peters and Yashika Rowjee