The Civil Union Act 17 of 2006 (“the Act”) was enacted to provide for the solemnisation of civil unions by way of either a marriage or civil partnership. The Act defines a “civil union” as the— “voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or …
When is a consumer entitled to a refund?
Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it is Black Friday, Boxing Day, or just an end-of-season sale, there seems to always be a reason for a sale. The question that the consumer may have is: What if I buy something, on a sale or otherwise, and later change my mind about it — am I always …
The importance of contract renewal after expiry of fixed-term contracts
In Department of Agriculture, Forestry and Fisheries v Teto and Others,1 the Labour Appeal Court (“LAC”) considered whether the termination of employees initially engaged on fixed-term contracts constituted a dismissal on the basis that the employees had become indefinitely employed when they were permitted to work beyond the expiry date in their fixed-term contracts. In this case, the employees had been engaged on fixed-term contracts …
Thinking of buying your first property?
The question of whether renting or buying is the best is almost always in circulation in the real estate industry. While one is affordable in the short term, the other holds more benefits in the long run. In 2020, however, things took a turn, and the answer to the question may be a bit clearer than usual. Historically low interest rates and an increase …
The POPI Act is about more than just adding new rules
The right to privacy is enshrined in Section 14 of South Africa’s Constitution and we understand it to be a vital human right. It states: “Everyone has the right to privacy, which includes the right not to have – (a) their person or home searched; (b) their property searched; (c) their possessions seized; (d) the privacy of their communications infringed.” It’s the last part …
Who is responsible for a child’s wellbeing?
By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support. The common law and the Children’s Act recognise that parents are the primary caregivers of their …
Considerations for dismissal based on refusal to be vaccinated
The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with caution by all employers. As it stands, there is currently no legislation in South African law that specifically requires an employee to be vaccinated against COVID-19. As a point of departure, the Occupational Health and Safety Act mandates all employers to provide and …
Drafting employment contracts for ad hoc activities
It often happens that employers give instructions to employees that do not form part of their usual routine. This article will briefly discuss whether employees are obliged to execute all instructions received from their employer or supervisor, even if it is not what the employee was employed to do. As a point of departure, normally, an employee’s job description will be contained in their employment agreement. However, …
Think twice before you take the law into your own hands
It is a well-established principle in South African law that a person may not take the law into his or her own hands. People aggrieved by the conduct of another must follow proper legal procedure in order to address their grievances and to obtain the relief they want. For instance, a landlord may not evict a non-paying tenant without a court order. It does not matter how delinquent …
Budget 2021: Individuals and savings
Finance Minister Tito Mboweni delivered his third annual budget address on 24 February 2021. Below we highlight some of the significant proposals, which will likely be contained in the Draft Taxation Laws Amendment Bill to be published for public comment in June or July 2021. Applying tax on withdrawals of retirement interest when an individual ceases to be a tax resident When an individual ceases …