When does a defamation claim have merit?
The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus follows that a person who is defamed must have legal recourse to protect and vindicate their constitutional right. A party who intends to claim for defamation […]
Can an employee refuse instruction that falls outside their normal scope of work?
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 […]
Constitutional rights and the limits of vaccination policies
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 […]
The reality of unknown accidents claims
The reality of motor vehicles accidents is that parties to the accident sometimes flee the scene of the accident without identifying themselves or their vehicles. Arguably, negligent drivers escape the scene in order to avoid liability for the ensuing damages. The injured third party is, however, not left without recourse. A third party that has […]
Is the alcohol ban doing what it is supposed to?
One of the major points of concern amid the national battle against COVID-19 has been the infamous alcohol ban. For the establishments that serve and sell alcohol, to the breweries and wineries whose production became redundant, to the South Africans who could no longer enjoy a beer or glass of wine with their meals, the effect of the ban has been […]
Can I return my unwanted goods?
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 […]
Contracts tacitly novated after expiry of a fixed-term contract
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 […]
Tenants are getting in the know
Must my residential lease agreement be in writing? It is currently not a requirement for a residential lease agreement to be in writing – a verbal agreement where the rent and rented property is identified is recognized by South African common law and is just as valid as a written agreement. This may, however, not remain the position for much […]
Who let the dogs out?
This issue was recently dealt with in length in the SCA matter of Van Meyeren v Cloete (636/2019 [2020] ZASCA 100 (11 September 2020), where the focus of the SCA was on the origins of a delictual claim brought under the “actio de pauperie”. This ancient legal remedy provides that “the owner of a dog that attacks a person who was lawfully at the […]