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Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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47
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

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62
Article

Are you an Accountable Institution under FICA?

27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

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75
Article

Injured by a hazardous product? Know your rights!

27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

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63
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
47
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
62
Article

Are you an Accountable Institution under FICA?

27 February 2025

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

READ MORE
75
Article

Injured by a hazardous product? Know your rights!

27 February 2025

In a recent judgment, our courts were required to consider whether a consumer who suffered personal injuries from a hazardous... product was entitled to approach a court directly or had first to exhaust the remedies provided for in the Consumer Protection Act. In this article, we review the court’s findings regarding a consumer's rights regarding a hazardous product.

READ MORE
63
Article
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GO
Filter: Contract
Brushing up on impeachable dispositions in terms of Section 34 of the Insolvency Act

13 February 2024

“Even the most familiar things or concepts are never the worse for renewed scrutiny and for being, figuratively speaking, dusted... and tidied”- Van Warmelo -

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2382
Article
How does the Consumer Protection Act affect voetstoots clauses?

16 March 2020,  Salomé van Wyk

When one indicates that they are selling property “voetstoots”, they are selling “as is”, whereby what you see is what... you get and thus excusing themselves from any liability in the future

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3372
Article
When is it necessary to apply as a credit provider?

05 July 2019

I am considering to lend an amount of R400,000 to a friend who needs the cash urgently. It will only... be on a short term basis as one of his insurance policies will pay out in the next 6 months and he will be able to pay me back with some interest. Somebody mentioned to me that nobody can lend any money to anyone unless the lender is registered as a credit provider.

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790
Article
Is it a prerequisite for a valid right of first refusal or pre-emptive right in respect of land to be in writing

25 June 2018

The position in the South African Law relating to the sale of immovable property had been quite clear courtesy of... the provisions of the Alienation of Land Act, Act 68 of 1981 (the "Act") as well as its predecessor.  The general principle is that any agreement for the alienation of land needs to comply with the formalities prescribed in the said Act.  This specifically applies to agreements of sale as well as options and until quite recently was automatically regarded as to also cover pre-emptive rights or a right of first refusal.

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3079
Article
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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867
Article
Land Instalment Sale: When does the debt become due and payable

09 June 2017,  Fanie Botes

Agreements of sale of land on instalments are regulated in terms of Chapter 2 of the Alienation of Land Act,... 68 of 1981.  The Act specifically provides in section 20 for the recording of such instalment sale agreements which recording is effected by the Registrar of Deeds for the area in which the property sold, is situated and takes place at the instance of the seller.  

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2804
Article
Can I buy a house on my cellphone?

21 April 2017

The passing of the Electronic Communications and Transactions Act ("the Act") had the result that it is now possible to... contract by means of data messages, which includes e-mails and sms's or Whatsapp's.

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1111
Article
Black or blue…? Or red for a bit of variety!

11 April 2016

I’ve often wondered if an agreement must be signed with black ink. What happens if it is signed with a... blue of even red or green pen? Is it invalid?

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783
Article

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