Category: Uncategorized

Amendments regulating the conduct of proceedings in the High Court of South Africa

On the 22nd June 2012 the South African Department of Justice (“DOJ”) introduced various amendments to the court rules relating specifically to the service of legal process on certain parties. These amendments relate mainly to the manner of service elected by the parties and, in short, in application to services not utilising the Sheriff, now … Continue reading Amendments regulating the conduct of proceedings in the High Court of South Africa

Cancellation of fixed term contracts

The promulgation of the Consumer Protection Act 68 of 2008 (“CPA”) on the 31st March 2011 has been a revolutionary legislative stride towards comprehensively protecting the rights and consumer interests of the South African consumer and  provides more structured and substantially enhanced access to consumer protection mechanisms to the legally uninformed. It has been argued … Continue reading Cancellation of fixed term contracts

FICA: a bureaucratic, tick-box slog

The primary intention of introducing the Financial Intelligence Centre Act ("FICA") was to prevent money laundering and combat terrorism related activity. Well, that was the benefit for government, and logically it should follow, society. FICA is now an accepted piece of legislation and a concept most are familiar with. Speaking sometime after the fact, I feel … Continue reading FICA: a bureaucratic, tick-box slog

Consumer Protection: Alive and Kicking

Enforcement of the Consumer Protection Act: A practical guide to lodging a complaint with South Africa’s National Consumer CommissionIntroductionIn this age of consumer centric legislation and increasing pressure on disposable household income, efficient and cost effective legal remedies are a must. One can argue that South African consumers are in as good a position as … Continue reading Consumer Protection: Alive and Kicking

POPI: Protection of Personal Information

By now, most will have heard of POPI, or the Protection of Personal Information Bill. Principally, POPI's goal is to protect our constitutional right to privacy. This follows South Africa's recent trend of promulgating pro-rights, consumer centric legislation such as the Consumer Protection Act and the National Credit Act.Most commentators believe POPI’s promulgation into law … Continue reading POPI: Protection of Personal Information

13 Million Reasons (online defamation II)

13 Million Reasons to keep it to yourself…Accountable? Of course!An internet defamation case has ended in a couple from Texas, United States being awarded a whopping 13 million dollars. Anonymity on the internet is over. Loose and fast talk, even if anonymous, can be punished. Although an argument can be made that freedom of expression … Continue reading 13 Million Reasons (online defamation II)

Consumer Protection Act – returning goods

Returning GoodsA protected species The regulatory framework created by the Consumer Protection Act (“CPA”) has effectively turned the South African consumer into a protected species.  The CPA brings South Africa in line with the consumer centric legislation guiding, amongst others, the United Kingdom and the United States. In conjunction with the National Credit Act, the … Continue reading Consumer Protection Act – returning goods

Online defamation

Online defamationInternet usage increasing exponentially Given the vast amount of people using social media, and the increase in internet penetration, a legal query that is emerging more and more regularly is the following: how do I deal with online defamation?At first blush it appears a relatively straight forward enquiry into the law of defamation. However, … Continue reading Online defamation

How anonymous are we and is anonymous accountable?

How anonymous are we and is anonymous accountable?Social Networking Social networking can no longer be looked upon as novel. The idea has inculcated itself in the fabric of modern society. I do not believe it can be regarded as trivial and will, in time, be an area of legal practice that is not unique or … Continue reading How anonymous are we and is anonymous accountable?