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Numerous employers establish policies that aim to prevent employees from discussing their salaries with peers, justifying such measures by suggesting that these conversations can lead to discontent, negatively impact morale, and, as a result, affect overall productivity. However, it’s critical to understand that these restrictions not only violate principles of transparency, but also unlawfully infringe […]

In the Constitutional Court’s judgment in EB v ER and Others; KG v Minister of Home Affairs and Others [2023] ZACC 32, it was declared that section 7(3)(a) of the Divorce Act is inconsistent with the Constitution. This means that parties who got married after the commencement of the Matrimonial Property Act, and out of

BEE fronting is a significant concern in South Africa as it involves a deliberate circumvention or attempted circumvention of the B-BBEE Act and the Codes (referred to as the “BEE regulations”), which are designed to promote economic transformation and equality in the country. Businesses looking to set up in South Africa for the purpose of

In a recent decision of the Supreme Court of Appeal, the court ruled on the application of section 163 of the Companies Act dealing with the relief available to directors or shareholders from oppressive or prejudicial corporate conduct or from the abuse of a company’s separate legal personality. If a director or shareholder can show

From 5 March 2020, when filing annual returns, almost all companies must prepare a compliance report, and complete CIPC’s compliance checklist. A person who knowingly provides false information to the CIPC may be fined or imprisoned for up to 12 months. It is therefore extremely important for directors to carefully consider each of the compliance

Under South African law, if it becomes impossible for a party to comply with a contract, due to “vis major” (being a direct act of nature which could not reasonably have been foreseen or guarded against), or “casus fortuitus” (being an event having occurred by chance), the contract will terminate by operation of law. Often,

In a recent appeal before the Supreme Court, the court was asked to consider the basis upon which it may infer a tacit term into a written contract. SAFA and Fli-Afrika concluded a joint venture agreement which provided that Fli-Afrika would source and supply 2500 Football World Cup packages to SAFA and its designates per

A simulated transaction is one which expresses an ostensible intention of the parties thereto, which differs from their actual intention. South African law requires that its courts give effect to the parties’ actual intention, particularly in circumstances where the recorded intention is so recorded to circumvent any law or requirement, or evading tax. The courts

In a recent appeal before the Supreme Court, the court was asked to interpret a customary warranty written in a lease. A and B signed a lease in which B warranted that its premises would comply with the applicable health and safety laws. Ordinarily, the local authorities inspect buildings to make sure they meet the

In a recent appeal before the Supreme Court, the court was asked to pronounce on the applicability of the Act to homes constructed for the purposes of letting (as opposed to sale). The builder in this matter, a registered NHBRC home builder, contended that it had built a home to be rented out and therefore