Legal news and commentary from the offices of Simon Dippenaar
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 […]
Understanding the subpoena process in South African law Have you been summonsed to appear in court (subpoenaed) and give evidence in a trial? If so, you may be frightened, or at least a bit anxious. As lawyers, we attend court all the time. It’s a familiar environment for us. But we know that for the […]
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 […]
What are the implications for cryptocurrency of the new AML rules? As we have discussed in previous posts, cryptocurrencies are becoming more popular and more widely used, but are not yet well regulated. This is gradually changing around the world, as governments and regulators recognise the need to manage crypto assets and keep them out […]
What are the key considerations when setting up a joint venture? You own a business. You have a great idea for a new product or service but you don’t have all the skills, resources, or expertise needed to bring your idea to market. Rather than going on a lengthy (and potentially expensive) recruitment drive, you […]
We came across this article in the UK’s Guardian newspaper. It joins other prestigious media outlets like CNN, the New York Times and the Washington Post in banning ChatGPT from using Guardian content to train the AI model, voicing concerns over intellectual property rights. This means that ChatGPT has increasingly restricted access to the most […]
What remedies are available if you suffer a breach of contract? If you run a business, you may contract suppliers to deliver goods or services to you. Or you may be contracted to provide a service to your customers. In all likelihood, you do both. But you don’t have to be a business owner to […]
