On 4 February 2021, the Constitutional Court handed down judgment in the matter of AmaBhungane Centre for Investigative Journalism and Others v Minister of Justice and Correctional Services and Others, declaring the Regulation of Interception of Communication and Provision of Communication-Related Information Act 70 of 2002 (“RICA”) unconstitutional in certain respects, and confirming the order of the High Court of South Africa, Pretoria.

Uber SA may face a class action lawsuit in the Labour Court which is presently being prepared by a Johannesburg based law firm on behalf of South African Uber drivers. This follows a decision passed down by the UK Supreme Court on 19 February 2021 which ruled in favour of granting employees’ rights to Uber drivers, previously classified as independent contractors.

The term “sperm donor” usually implies the donation of sperm by a man, which is to be inseminated into the person to whom the sperm was donated, for the purposes of procreation, wherein no parental rights and responsibilities attach to the donor in respect of a child born from the insemination, despite the manner of the insemination.

On Monday night, 26 April 2021, Norma Mngoma appeared to argue against testifying at the Zondo Commission. Her reasoning to the commission that her marital status somehow precluded her from testifying against her husband (Malusi Gigaba) was dismissed by commission chair Deputy Chief Justice Raymond Zondo.

Over the past six to nine months there has been a disturbing increase in the number of children being bullied at school. Parents are at their wits’ end. Educators, heads of school and governing body members are aware of these problems in their schools and simply do not know how to address them. They, too, are at their wits’ end. The statistics are frightening.

The impending update to the WhatsApp privacy policy has caused significant concern and confusion, with many of its users seeking alternative messaging platforms. Initially scheduled for 08 February 2021, this new policy is due to come into effect on 15 May 2021.

In a recent judgment delivered by the High Court in Pretoria during April 2021, rights were afforded to parents to bury or cremate a foetus that is younger than 26 weeks old. Prior to this case, no burial rights were afforded to foetus’s younger than 26 weeks. In this case, the court ruled that amendments needed to be made to the Birth and Deaths Registration Act to allow for such burials. Although the Constitutional Court still needs to endorse the ruling, the ruling has been widely welcomed by the general public.

Most employers will be familiar with or at least aware of dishonesty and it’s more typical appearances in the workplace, among others, theft, fraud, time abuses and bogus medical certificates, falsifying qualifications, or an employee’s lies to cover up errors or incomplete work. What happens if an employee were to mislead an employer during a company investigation or misstate facts during proceedings against the employer? How does this impact upon the employment relationship?

Domestic violence is perpetrated between men and women on a daily basis, however, an average of 7 South African women are murdered by a partner or immediate family member daily.

The mere fact that an employee fails a polygraph test is not in itself sufficient to find an employee guilty of dishonesty.

Here are two important recent developments in the South African employment law landscape effective from 1 March 2021 that you should know about.

Restraint of trade agreements are, with exception, valid and enforceable in South African law and have risen to considerable prominence, particularly in employment contracts. For ex-employees seeking to avoid their restraint clauses, there rests an onus on them to prove that enforcement would be unreasonable, and therefore contrary to the public interest. This frequent contest in our Courts has culminated in a generous body of case law and ever evolving legal arguments.

The Constitutional Court in Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others, recently had occasion to consider whether a renewal clause in a lease agreement was against public policy because of the fact that enforcement of a specific term would result in substantive inequality, in terms of section 9(2) of the Constitution.

Once a couple is engaged, they start the wedding planning – which is quite a task. But as part of this planning how much effort does the couple allocate to considering and planning for the legal consequences of their marriage, and the affect that the marriage will have on financial planning and position later in life?

At the outset and before delving into the matter at hand, contracting parties are reminded that the principle of pacta sunt servanda (agreements must be kept) applies unless the contract offends public policy.

“Irregular”, “wilful misconduct” and “recklessness” were just some of the recurring terms used in the judgment handed down by Honourable Judge Ronel Tolmay of the North Gauteng High Court in Pretoria recently (27 May 2020) following an application launched against the former non-executive chairperson of South African Airways (“SAA”), Dudu Myeni.

Aside from a meticulously thought out seating plan for guests, couples are faced with many decisions leading up to their wedding day, one of these being the daunting and sobering task of deciding whether to enter into an antenuptial contract (“ANC”).

Project-based recruiting is relatively common in South Africa and so are the related employment contracts catered to the needs of the employer’s client. Service providing employers place employees with clients in terms of fixed-term eventuality contracts. These contracts typically make provision for the contract to terminate upon termination of contract between the employer and the client, it being that the client no longer requires the services rendered by the employer.

Imagine being trapped in your own home with your abuser. With no escape, and the only way out being a permit allowing you to do so. Terrifying thought, isn’t it? The thing is, for most women in South Africa, this has been their reality since the presidency imposed a nation-wide lockdown in a bid to stop the rapid spread of coronavirus, known as COVID-19.

Whilst the world and indeed South Africa continues to monitor the ongoing Coronavirus (COVID-19) pandemic and it’s far reaching consequences, HJW Attorneys have taken the time to present some insight into a number of workplace issues, which can now be considered to be relatively commonplace.