Tuesday, April 23, 2024
Whether amendments to existing legislation apply to pending actions, applications or regulatory processes which were initiated before promulgation of the amendments depends on whether the application thereof would have an effect on existing substantive rights. The presumption against retrospectivity acknowledges that amendments to legislation should not deprive parties of rights which existed at the time of the commencement of the action, application or process in question. This article focuses on the lawfulness of the Health Professions Council's retrospective application of the recently amended Displinary Regulations, with reference to relevant case law.
Tuesday, April 2, 2024
Restraint of trade clauses are a common addition to commercial contracts, and are most often included in employment contracts, sale of business contracts and franchise agreements.
Tuesday, March 26, 2024
Couple therapy poses unique ethical and legal challenges in the context of the handling of confidentiality, including the status of the joint counselling record.
Tuesday, March 5, 2024
More often than not, creditors are quick to sue debtors who have breached verbal or written agreements. Although, legally, you are entitled to proceed in this manner, the current reality in Gauteng is that this choice of recourse could take at least three years from the date of your first consultation with your attorney to the date on which the matter is heard in the High Court.
Tuesday, February 27, 2024
Unlawful, negligent conduct that causes bodily harm to a person can give rise to, inter alia, a claim for loss of earnings either under the common law of delict or in terms of legislation.
Tuesday, February 13, 2024
We have endured lockdowns at various levels during the Covid-19 pandemic, which have limited the movements of citizens throughout the world, including South Africans. We had to change the way in which we, as attorneys, practised and find alternative ways of ensuring that we could continue to practise our profession without undue disturbance. This included holding virtual consultations, pre-trial conferences and trials, as well as the electronic services of documents.
Thursday, February 8, 2024
To attain certain goals and opportunities, people or businesses frequently require direct funding through credit. This need is met by credit agreements ranging from, but not limited to, loan and overdraft agreements.
Tuesday, February 6, 2024
The Labour Court plays a crucial role in handling review applications, particularly emphasising the urgency of these matters. This urgency is underscored by the strict adherence to prescribed time periods outlined in the Practice Manual. Non-compliance with these timelines can have significant consequences for both the party launching the application and the responding party. This article explores the implications of not adhering to prescribed time periods and the ensuing consequences.
Tuesday, January 30, 2024
The Insolvency Act 24 of 1936 ("The Act") aims to regulate the law relating to insolvent persons and partnerships and to provide rules on the sequestration process of such individuals and entities. (It does not regulate such proceedings when they relate to body corporates, companies or other association of persons which may be placed in liquidation.)
Tuesday, January 23, 2024
A medical practitioner ("Dr A") was recently faced with a dilemma when she discovered that a patient had recorded a consultation. The practitioner was taken aback by the patient's actions and queried whether the recording of a consultation was permissible in terms of South African law.
