The Criminal Procedure Act 51 of 1977 provides strict guidelines as to when and how a person may be arrested, which include the instances where a police officer witnesses an offence being committed or where a warrant of arrest has been issued. In these instances, a police officer may arrest and detain an individual prior to bringing them before a court of law or releasing them with a warning.

For many landlords, evictions are seen as something which is next to impossible, especially in today’s socio-economic climate, however this is not always the case and evicting a non-paying tenant is not an impossible task. Landlords who are tired of having to ask the tenant for their rent that is due and payable, or having to deal with so called “nuisance” tenants do have options available to them, through the Court.

Debt review in South Africa is a legal process that restructures debt and is designed to protect consumers. Even so, it is a process that has considerable consequences and therefore must be considered cautiously.

The duty to maintain an ex-spouse, or soon-to-be, and any dependent children is based on blood relationship, adoption, or the fact that the parties are or were married to each other.

In the previous article in this series, we explored the legal nature of settlement agreements with reference to their status and enforceability in our law.

It is no secret that litigating can be a very long and arduous process. One of the major causes for delay is the severe backlogs the Judiciary faces. On 9 March 2020, Rule 41A of the Uniform Rules of Court came into effect in an attempt to alleviate these backlogs by encouraging parties to settle their disputes, rather than to engage in expensive and protracted litigation proceedings.

Getting married is not quite as simple as saying “I do”. There are many legal and financial ramifications attached to a modern marriage, and it is important to know how to navigate these waters before taking the plunge.

Cryptocurrencies such as Bitcoin, Ethereum, and Ripple act as exchange networks via which persons can affect the transfer of funds or wealth without need for oversight by a central regulatory authority, such as a bank, instead making use of peer-to-peer technology.

On 6 August 2021, the High Court of South Africa (Gauteng Division, Pretoria), in a Judgment penned by Kollapen J, dismissed a constitutional challenge to the Citizenship Act 88 of 1995 (“the Act”). This challenge was initiated by the Democratic Alliance (“the DA”) and concerned the loss of South African Citizenship through the acquisition of a second nationality.

On Thursday 5th August 2021, President Cyril Ramaphosa publicly announced some changes to the National Executive. This process has been referred to as a ‘cabinet reshuffle’. This is not the first reshuffle since the induction of President Ramaphosa, as shortly after being appointed President of the Republic of South Africa, two major changes in the National Executive occurred, one in February 2018 in which many ministers from the Zuma Administration were removed, and another in November 2018.

The arbitration clause in contracts have been a popular topic of debate and have stirred the litigation pot for some time now. An arbitration clause requires parties to a contract to resolve their disputes through an arbitration process as opposed to in-court litigation.

A year and four months into the Covid-19 pandemic, many are still unsure as to what protocols need to be followed when coming into contact with someone who has tested positive for covid. In the Labour Court Judgment, Eskort Ltd v Mogotsi and Others (LC) (unreported case no JR1644/20, 28-3-2021) (Tlhotlhalemaje J), the employee was charged for misconduct and gross negligence.

In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related to family law in general.

During July 2021, and seemingly initiated by the arrest of the former President, Jacob Zuma, South Africa experienced an elevated degree of civil unrest throughout many parts of Gauteng and Kwa-Zulu Natal. Whilst the full economic impact of these events is presently unclear, there is little doubt that business operations across the country have suffered significant losses, with one inauspicious consequence of many companies being unable to fulfill their contractual obligations. In this context, it is useful to consider the concept of force majeure and the contractual application of these clauses.

On 11 June 2021, the Government published an amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (the “Direction”). Of particular significance in the Direction is the inclusion of guidelines (the “Guidelines”) concerning the possible imposition of mandatory Covid-19 vaccination policies.

In an ever-changing digital world, most people have some form of online presence – from email, WhatsApp, Facebook and Instagram, to online banking and shopping. This dependence on computers and the internet, accelerated by the impact of the COVID-19, has left individuals, organisations and even nations increasingly at risk of being victims of cybercrime, as criminals are provided an online means to commit a diverse range of crimes from locations around the globe.

Unlike the founding counterpart in the United States of America[1], the South African Constitution does not enshrine the right to bear arms – gun ownership is viewed as a statutory privilege principally regulated by the Firearms Control Act 60 of 2000 (the “Act”). On 21 May 2021, the Government published a notice in the in the Government Gazette, formally inviting public comment on the proposed changes to this Act, as detailed by the Firearms Control Amendment Bill, 2021 (the “Bill”).[2]

In 2019 a horrific discovery was made when inspectors attended at a captive lion breeding farm in the North West of South Africa to find more than a hundred lions, among other big cats, suffering from neglect, parasites, mange and various other health ailments. Irrespective of the various ailments, the lions were intended for use in captive hunts and/or to be slaughtered and their various parts sold.

In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related to family law in general.

A liquidated damages clause describes the quantum of damages due and payable upon breach of a commercial agreement. This can be a devilish feature of non-disclosure and confidentiality agreements (“NDA(s)”) which typically set out the terms upon which a “receiving party” will be permitted to use or share confidential information provided by a “disclosing party”.