News & Insights
Pension Fund Distributions and the Duty to Support Parents
The recognition of factual dependency plays a crucial role in pension fund law, particularly in the allocation of death benefits under Section 37C of the Pension Funds Act (“the PFA”). The decision of the Financial Services Tribunal (“the Tribunal”) in Semenya and Others v Old Mutual Superfund Pension Fund and Others (“the Semenya case”) provides […]
March 12 2025
Social Media in the Dock: The Complex Role of Emojis in Legal Disputes
South Africa has become a highly litigious country, as evidenced by the growing court rolls across the nation. This increase in litigation can be attributed to various factors, including greater public awareness of legal rights and recourse, the availability of litigation funders, and increased resources to pursue justice. In recent years, it has become common […]
March 11 2025
Disclaimers in Action: How One Notice Changed the Outcome of a Lawsuit
Introduction In a recent court case, the Johannesburg High Court delivered a judgment on 8 January 2025 pertaining to disclaimers. The case revolved around a delictual claim for damages by the plaintiff who sustained injuries after slipping on a wet floor at the defendant’s premises. The court ultimately found in favour of the defendant, citing […]
March 07 2025
Out with the Old and in with the New: Refreshing your brand with Intellectual Property in Mind
What do the following brands all have in common? A brand refresh, of course! Refreshing your brand can be an exciting way to modernise your business and keep it relevant to customers. But while you’re giving your brand a new look, don’t forget to consider your intellectual property (IP). A brand refresh can help strengthen […]
March 07 2025
Adams and Adams promotes Mtho Maphumulo to partner, strengthening its Insurance and Financial Sector Practice
7 March 2025 – Leading African law firm Adams & Adams is pleased to announce the appointment of Mtho Maphumulo to partner in its Insurance and Financial Sector Practice. Maphumulo’s appointment reflects the firm’s strategic focus on bolstering its dispute resolution capacity, specifically in the insurance and financial sectors. “Mtho’s commitment to learning and service […]
March 07 2025
Neumann v Edelstein: A Significant Ruling on Broker Commissions
Introduction: The recent judgment in Neumann v Edelstein Farber Grobler Inc. has shed light on the intricate dynamics of commission entitlements and the responsibilities of employers in the real estate sector. This case, adjudicated in the High Court of South Africa, Gauteng Division, Pretoria, delves into the claim for damages by Mr. Neumann against his […]
March 06 2025
Ticking Coverage Bomb: The Cost of Delayed Notice in Claims-Made Policies
Claims-made policies often require that policyholders notify their insurer promptly or as soon as practicably possible after an incident that may give rise to a claim. This requirement exists primarily to allow insurers to investigate potential claims while evidence is still fresh. Prompt notice helps ensure that key details and documentation are secured, which is […]
March 05 2025
Adams & Adams is a proud contributor to the chambers Life Sciences and Pharma IP litigation chapter
Life Sciences and Pharma IP Litigation 2025
March 04 2025
The Consequences of Failing to Pay Pension Fund Contributions
Pension fund contributions are not discretionary payments; they are statutory obligations. Employers who fail to comply with these requirements not only prejudice their employees but also risk significant legal consequences. This principle was recently reinforced in Engineering Industries Pension Fund & Metal Industries Provident Fund v Installair (Pty) Ltd & Others. The Issue at Hand […]
February 27 2025
Is Surveillance Permissible in an Increasingly Privacy-Conscious World?
In an era where privacy concerns are at the forefront of legal and societal discourse, the question arises: is the surveillance of individuals permissible? The recent case of De Jager v Netcare Limited provides a compelling examination of this issue, balancing the right to privacy against the public interest in discovering the truth. This article […]
February 26 2025
Mr D’s disparaging advertisement that imitated Massmart’s MAKRO MOOD Campaign
The Directorate of the Advertising Regulatory Board (“ARB”) was recently called upon to adjudicate a competitor complaint filed by Massmart IP (Pty) Ltd against Mr Delivery (Pty) Ltd. Mr D’s advertisements in issue were posted on YouTube and broadcast on radio. The radio commercial features a distinctive-sounding voice-over stating: “Hmmm, what’s that? Black Friday specials […]
February 20 2025
It’s giving trade mark: the registrability and enforceability of Gen Z Slang in South Africa
With the emergence of Gen Z Slang, spoken by the generation born between 1997 and 2012, you would be forgiven for feeling cheugy (read “someone who is out of date”) when the language of these “digital natives” flies right over your head (the authors included, who, without giving our ages away, sit as bookends of […]
February 17 2025
No Tracker, No Payout: Court Denies Motor Insurance Claim
Introduction: On 31 January 2025, the Pretoria High Court delivered a judgement in a motor insurance case in which the insurer rejected the policyholder’s claim following the theft of their vehicle. According to the insurer’s rejection letter, the claim was denied because the policyholder failed to prove that, at the time of the theft, the […]
February 13 2025
POLICE SEIZE COUNTERFEIT GOODS WORTH R5 MILLION
Police in Limpopo have made a significant impact on the illegal trade of counterfeit goods, seizing items worth R5 million (approximately $271 723) in Musina. The operation, conducted by multiple law enforcement agencies, targeted counterfeit goods and over 2000 counterfeit items including sneakers, cell phones, perfumes and consumables were seized. Police spokesperson Amanda van Wyk emphasised […]
February 12 2025
MINISTRY ISSUES PIVOTAL REPORT ON PROTECTION AND ENFORCEMENT OF IP
The Ministry of Investments, Trade, and Industry has issued the Second International Symposium on Intellectual Property Protection and Enforcement (ISIPPE-2) report which aims to reinforce Kenya’s commitment to combat counterfeiting and protecting intellectual property (IP) rights. The report provides awareness and advice on best practices to strengthen IP protection and enforcement including the development of […]
February 12 2025
Ministry Issues Updates on The Suspension of Trade Marks
The Libya Trade Mark Office has issued Ministerial Decision No. 2 of 2025 which provides that all acceptance notices issued during the closure of the Trademark Office (from 2 April 2024 to 1 September 2024) will be withdrawn. In addition, all appeals of trade mark applications that were refused based on being identical or confusingly […]
February 12 2025
MINISTRY ISSUES DECREE ON RENEWAL FEES AND REQUIREMENTS
On 27 November 2024, the Libya Trade Mark Office issued Decree 586 of 2024 introducing updates for the renewal of trade marks. Upon the renewal of trade marks, proprietors are now required to submit a valuation and financial statement of their trade marks and will be subjected to increased official and renewal fees.
February 12 2025
MALAWI TAKES THE LEAD IN RATIFYING WIPO TREATY ON IP
On December 5, 2024, Malawi ratified the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (“Treaty”) which was adopted in May 2024. The Treaty, which addresses the connection between IP, genetic resources, and traditional knowledge, requires applicants to disclose the country of origin or source of genetic resources used in inventions. It […]
February 12 2025
