News & Insights
PRASA Non-Resumption of Operations: Legal Fundamentals Not to Be Disregarded
Since the commencement of the nation-wide lockdown, PRASA ceased all its operations. The country is now under Alert Level 3, as of 1 June 2020, and it has been announced by the Minister of Transport that PRASA will not be commencing with its proposed phased-in resumption of service. This is despite the fact that thousands […]
June 07 2020
Will the Virus Get Your Trade Mark?
The outbreak of the COVID-19 pandemic has devastated multiple industries and caused a rapid disruption of global supply chains. In an effort to curb the spread of the virus, South Africa has, like many other countries worldwide, implemented strict lockdown measures which have restricted people’s movement and brought most commercial activity to a standstill. Many […]
May 27 2020
Building Loans: What You Need to Know
Whether it is to build your ideal home from scratch or to make improvements to your existing property, chances are that you may need a loan from a bank to cover the costs of the building works. To avoid delays and unexpected pitfalls, it is important to familiarise yourself with the building process, each party’s […]
May 24 2020
Covid-19: No “Payment Holiday” for Maintenance Payers
The end of “lockdown” in South Africa is uncertain. The devastating effect on the economy and households will be a reality for a time to come. Unfortunately the most vulnerable members of society are the hardest hit. While both men and women are the victims of gender-based violence and domestic violence, the statistics show that […]
May 22 2020
Fighting for the Re-Opening of Sectors Through Litigation During the Lockdown: Is It Worth It?
Following a complete lockdown which extended beyond a month, the President of the Republic of South Africa announced the plans to resume economic activity. The necessary amendments to the original Regulations were effected, consequently. The phased-in plan to resume activity was explicated and implemented as of the 1st of May 2020. Although some sectors have […]
May 20 2020
Moving to a New House (And Business Premises) - A Welcome Update
On 14 May 2020 the government issued new Directions allowing for the once-off movement of persons and the transportation of goods for purposes of relocation, which Directions are welcomed as they cater for obvious shortcomings of the initial Directions issued a week earlier on 7 May 2020. The new Directions have repealed the earlier Directions. […]
May 15 2020
Securitisation, simplified
The average person, when purchasing a property, will borrow money from a bank. When the loan is approved, the bank will instruct its attorney to attend to the registration of a bond over the property. The bond serves as security for the loan which means that if the borrower defaults on the monthly bond instalments, […]
May 13 2020
Pharmaceutical IP and competition law in South Africa: overview
Pharmaceutical IP and competition law in South Africa: overview by Danie Dohmen, Jenny Pienaar, Alexis Apostolidis and Jeanette Visagie A Q&A guide to pharmaceutical IP and competition law in South Africa. The Q&A gives a high level overview of key issues including patents, trade marks, competition law, patent licensing, generic entry, abuse of dominance and parallel […]
May 12 2020
Medicinal Product Regulation and Product Liability in South Africa
Medicinal product regulation and product liability in South Africa: overview by Danie Dohmen, Jenny Pienaar, Alexis Apostolidis and Jeanette Visagie A Q&A guide to medicinal product regulation and product liability law in South Africa. The Q&A gives a high level overview of key issues including pricing and state funding, manufacturing, marketing, clinical trials, advertising, labelling, and […]
May 12 2020
How Does the Property Transfer Process Work in South Africa?
The property transfer process can be complicated for first-time property buyers. Below is a guideline of the processes to be followed in order to complete a successful transfer of a property. The Property Transfer Process Download Info-graphic As PDF 1. Receive Offer to Purchase This is a document signifying the buyer’s intention to purchase the […]
May 11 2020
Turmoil Over Schools’ Continued Closure: Legal & Public Policy Considerations
The coronavirus outbreak saw many countries around the world going into a lockdown to combat the spread of the virus. South Africa adopted the same strategy to “flatten the curve”. The President announced early closure of the schools even before the announcement that the country will be going into a complete lockdown. This was done […]
May 10 2020
When Is Section 34 of the Insolvency Act Applicable?
When buying a business, the purchaser may approach a bank for finance. The purchaser as well as the financial institution that may finance the transaction need to determine whether compliance with Section 34 of the Insolvency Act is required. Section 34 of the Insolvency Act provides that when a trader (as defined in Section 2 […]
May 10 2020
At Last - Some (But Insufficient) Relief for Tenants and Property Owners
There has been a lot of uncertainty and concerns raised by tenants, landlords and parties to property transfer transactions since the promulgation of the Regulations dealing with the implementation of Alert Level 4 of the nationwide lockdown by the government on the 29th of April 2020 which were issued as part of government’s risk adjusted […]
May 08 2020
Common Law Offers of Settlement, the Knife That Cuts Both Ways
With various changes to Court processes as a result of the COVID19 pandemic, the use of common law offers of settlement in attempts to reduce costly and protracted litigation is more compelling now than ever. Common law offers of settlement are under utilised in South Africa. These offers can be very advantageous for the plaintiff. […]
May 07 2020
Financial Assistance in Relation to a Loan Facility
When a bank approves a loan facility, it will typically require the registration of a mortgage bond over the borrower’s immovable property in order to secure the debt. More often than not, the loan facility will require security in addition to the mortgage bond, typically in the form of a guarantee or surety given by […]
May 06 2020
Updated Guide: Worldwide Export Controls on Face Masks and Other Medical PPE
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other healthcare workers. A number of governments have imposed export controls on the export of a variety of medical (and industrial) PPE. In […]
May 05 2020
COVID-19 & Consumer Protection - Global Advertising in a Time of Crisis
Last week, members of the Global Advertising Lawyers Alliance presented a webinar, “COVID-19 & Consumer Protection — Global Advertising in a Time of Crisis,” which summarised some important coronavirus-related enforcement trends around the world. The webinar was presented by Donata Codone from Portolano Cavallo (Italy), Jose Antonio Arochi from Arochi & Lindner (Mexico), Jenny Pienaar from Adams & Adams (South Africa), Brinsley […]
May 05 2020
Arrest and Search and Seizure of Private Property
What Must Police Officials Consider in Order for Their Conduct to Be Lawful? Arrest is one of the lawful methods of securing the attendance of an accused person in court. It is also the most drastic method. S38 of the Criminal Procedure Act states that methods of securing attendance of an accused person include: arrest […]
May 05 2020