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 […]
Defending against AI-enhanced surveillance In today’s tech-driven world, artificial intelligence (AI) and 5G technology have significantly influenced surveillance, law enforcement and evidence collection. AI-powered tools include facial recognition, predictive analytics and automated licence plate readers, which are increasingly used in criminal and civil cases. However, despite their reputation for accuracy, these technologies are not fool-proof. […]
Why your attorney might use AI to prepare your case The legal profession is often perceived as resistant to change. Traditional values are important to law firms, as we have a duty of care to our clients and trust is essential. However, advancements in technology are bringing about a transformation in how we serve our […]
South Africa is not immune from human trafficking Human trafficking is an all-too-common occurrence in the modern world. Musician Sean “Diddy” Combs currently faces charges of sex trafficking and racketeering in New York, and two people in Glasgow have been arrested in connection with human trafficking offences just recently. Here in South Africa, kidnapping and […]
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 […]
Know your rights Weeks after the first Olympic Games in history to achieve gender parity and some stellar performances by women athletes in Paris, the world was shocked by the death of Ugandan marathon runner Rebecca Cheptegei, who was set alight by her boyfriend in Endebess, Kenya. Cheptegei is the fourth female athlete to be […]
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 […]
Privacy and media law The right to privacy is a fundamental part of South African law, protected by the Constitution and other legislation. It allows individuals to control their personal information and keep certain details private, away from the eyes of the state or others. This can include information about home life, health and relationships. […]
White collar crime can do as much damage to society as violent crime Commercial crime, also called “white collar crime”, is often called a victimless crime, because it is not perpetrated against an individual. But it is anything but victimless. And with more and more of our lives conducted online, along with the growth in […]
Is AI a blessing or a curse? According to Reuters, ChatGPT is estimated to have reached 100 million monthly active users in January, two months after launch. This makes it the fastest-growing consumer application in history. Analytics firm Similarweb estimates that ChatGPT had an average of 13 million unique visitors per day in January, more […]
Why is due diligence important in business transactions? If you’re considering going into business with a partner, or investing in a company, or possibly merging your company with another, you have almost certainly been advised to carry out due diligence. Due diligence has a specific meaning in the world of finance, but it has entered […]
Four new laws have been approved by Cabinet, to address gaps in South African legislation. This article from BusinessTech explains. Reprinted from BusinessTech – 2022-09-01 Cabinet has recently approved a number of new bills that have subsequently been submitted to parliament, including new legislation which focuses on financial crime, divorce and substances. There are over […]
