Legal news and commentary from the offices of Simon Dippenaar
Lessons from the Beadica case Contracts are the building blocks of business deals. In legal terminology, “pacta sunt servanda”, or “agreements must be kept”. But what happens when sticking to the contract feels unfair? Can the courts intervene? The Constitutional Court recently had to answer a question of contracts and fairness in the case of […]
If you use AI in your business, you need to carry out a risk assessment Artificial intelligence (AI) is increasingly embedded in day-to-day business operations. Even small organisations use chatbots for customer service (including this website); and facial recognition software is used not only by large tech companies (to unlock your cell phone or laptop) […]
What foreign entrepreneurs need to know South Africa is an attractive destination for foreign investors looking to expand their operations or enter new markets. With a young workforce and a growing digital economy, the country is particularly appealing for industries such as tech, marketing and services. However, before starting operations, there are important legal and […]
How to minimise legal fees without compromising your case Litigation – taking a case to court – is daunting. But it can also be exciting. If you feel you have been wronged, you may be looking forward to seeing justice done and possibly winning financial compensation. But you may also be worried about the cost. […]
Empowering plaintiffs in high-stakes cases Have you ever wanted to take another party to court but felt unable to contemplate litigation due to the cost? The pursuit of justice can be an expensive and daunting endeavour and the financial burden may present a barrier to accessing justice. If you have a very strong case, particularly […]
What happens when you have a problem with an online transaction? E-commerce has been on the rise for a number of years. The Covid-19 pandemic accelerated the rate of take-up among consumers, as lockdowns made it difficult or impossible to visit physical shops. But e-commerce has been around since 1994 (the first recorded transaction was […]
Why confidentiality matters One of the pillars of democracy is a free press. We discussed the importance of access to information recently. In an open society, we take access to information for granted, and journalists tend to be respected. A principle of ethical journalism is confidentiality, and the protection of confidential sources is a widely […]
What constitutes discrimination? One of the principal tenets of our Constitution is equality under the law. The Bill of Rights is the cornerstone of the Constitution, and Section 9 deals with equality. Discrimination is covered in subsections 3-5, which state: (3) The state may not unfairly discriminate directly or indirectly against anyone on one or […]
Personal liability of a member of a deregistered Close Corporation Are you a member of a deregistered Close Corporation? Although no new Close Corporations have been able to be registered since 1 May 2011, there are still Close Corporations in operation. A Close Corporation registered before that date can carry on as usual until it is liquidated or the members […]
When promises in contracts fall short: a legal perspective A contract dispute is a conflict or disagreement between parties. Disputes occur when there are differing views or claims regarding the terms, obligations, or rights outlined in the contract. Some of the most common causes of disputes include ambiguity in the terms used – vague or […]
The law is very clear on when dismissal is considered unfair. What can you do about it? South Africa’s Labour Relations Act (LRA), like all of our legislation post-1994, aims to protect the rights of all parties, ensuring no discrimination or bias and maintaining a balance of power between stakeholders. Workers’ dignity and rights, so […]
What is an application to compel and when would you use one? Are you going through a hostile divorce and your spouse’s attorneys are not being completely transparent in the discovery phase? Do you think your employment has been wrongfully terminated but your employer is withholding documents you need to make your case? In these…and […]
