Latest News Articles

The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

The High Court has ordered Steinhoff to share a PwC forensic probe into accounting fraud with the media after the company refused PAIA requests.

Many policy holders are unclear as to the relationship between beneficiary nomination and their last registered will.

Barnard Inc, on behalf of our agriculture clients, welcomes the decision by the Sasria to review the classification of agricultural vehicles from an insurance cover perspective, thereby lowering tariffs

An American teenager has invented a low-cost, mind-controlled prosthetic arm that doesn’t ‘cost an arm and a leg’ to manufacture and doesn’t require risky brain surgery either.

Magda Wierzycka recently released her book “My Journey”, detailing the life lessons and business principles she learned on her voyage from growing up in a Polish refugee camp in Austria, to founding Sygnia Asset Management.

Trademarks are not merely for logos and brand names but could take the form of, amongst others, colour, smell, container, or shape.

It will be interesting to see if the Information Regulator, established in terms of POPIA, will take its own steps against WhatsApp.

Many companies are turning to social media influencers to raise their brand awareness and build a more favourable reputation.

The Spur Corporation is facing a R183m damages claim based on an alleged oral agreement that led to the establishment of a rib supply facility in Cape Town.

The recent and increasing reliance by insurers on digital downloads of data from motor vehicles to validate claims is useful in many circumstances, but insurers must be cautious.

DStv had YouTube take down the launch video of a new Afrikaans streaming service based on a suspicious copyright claim.

When a breach has occurred on a network system, a notification must be made to the Information Regulator and data subjects as soon as reasonably possible.

Dwayne “The Rock” Johnson is under threat of potential legal action for brand infringement after being threatened by Megan Rapinoe.

The Government is considering the deregulation of fuel prices which will allow stations to enter into the arena and compete on fuel prices, set any price for fuel and offer discounts and promotions on fuel.

The attack on Mailchimp is another warning to all persons using software and cloud solutions to provide services, to focus energies and resources on data and cyber protection. .

Social media users should be cautious when publishing on Twitter, even if an option to edit retrospectively is added as a functionality in future.

It remains to be seen if the official end to the national disaster will indeed have any significant practical impact on the economy.

When parties conclude a contract, it is common practice for a “domicilium” clause to be included in the contract.

A recent decision of the Supreme Court of Appeal, handed down on 13 April 2021, will have a material impact on South Africa’s insurers, requiring them to review their policies.

TikTok is nearing a data storage deal with Oracle hoping to address U.S. regulatory concerns over data integrity.

Is it possible to have an agreement that is “non-cancellable” and therefore contains no cancellation clause and, automatically, no “termination for convenience (without cause)” clause?

The SAPS and Johannesburg Metropolitan Police Department arrested squatters from a building after they disobeyed an eviction order and forcefully moved back onto the building.

South Africa’s unemployment rate reached a record high of 35.3 % in the fourth quarter of 2021, with more than 7 million people actively seeking employment.

Absa Bank Limited instituted action against Marcel Christoffel Meiring for payment in the amount of R1,1 million – an amount that was still outstanding in terms of a sale agreement of Arista CC which had been recently wound up.

The FAIS ombud has agreed to reconsider the adverse determination against Jan Labuschagne Makelaars CC and Jan Harm Labuschagne

Cabinet has approved the National Infrastructure Plan implementation and the gazetting of the LPG rollout strategy.

With the scale and impact of the TransUnion hack, it will be interesting to see if and how South Africa’s Information Regulator will try and mitigate the impact.

Should Covid-19 vaccine patent waiver negotiations fail, legislation in South Africa provides for compulsory court-order licenses.

Capital Equipment Group Group has maintained its success in the South African construction industry despite challenging economic conditions.

The SCA has ruled in favour of Eskom and affirmed the electricity supplier’s right to payment for its services rendered to municipalities.

A critical starting point for the smooth and efficient winding up of a deceased estate is a valid, well-drafted and original will.

Although the Constitution does allow a Municipality to charge levies on property and developments, it clearly states that it must be authorised by national legislation to do so before proceeding.

The recent suspension of Comair due to safety issues identified by the South African Civil Aviation Authority (SACAA) has caused major reputational damage for both the British Airways and Kulula brands.

The Competition Commission referred to the Competition Tribunal for prosecution the social media group, Meta Platforms Inc for abuse of dominance.

The High Court made a declaratory order that Section 40 of the Children’s Act must be amended to include the phrase “permanent life partner” and “spouse” when rights and responsibilities are awarded after birth.

There are no legalities to not changing your surname when you get married, meaning that in South Africa we are not obliged to assume our spouse’s surname.

It may argued that rule 46A is open to interpretation in that is easily foreseeable that this process may be misused, resulting in perceived injustices against property owners.

It may argued that rule 46A is open to interpretation in that is easily foreseeable that this process may be misused, resulting in perceived injustices against property owners.

From 01 February 2022, the Property Practitioners Act repeals the Estate Agents Affairs Act and casts a wider candidate net that now includes property developers

Whether you’re buying another company, selling off a division of your company or entering a new alliance, transactions have become increasingly multi-faceted.

NFT group spends a whopping R47-million on a rare copy of ‘Dune’, falsely believing it gives them copyright.

Barnard Inc. is pleased to announce that Koos Benadie has been included in the 2022 Edition of The Best Lawyers in South Africa.

The levels of debt owed to businesses by their customers and government has been mounting, meaning that owners and their legal service providers have had to become creative and proactive in their collection methods.

Recently, the SCA was asked to decide on circumstances in which it would be appropriate for a court to validate a disposition made by a company that is being wound up.

Santam must pay out contingent business interruption claims to Ma-Afrika Hotels and Stellenbosch Kitchen for the full 18-month period covered in their insurance policies, says SCA

It is vital that any business, especially those offering products or services on credit, manage their debtors effectively, particularly in matters of payment terms.

There are a number of tax and legal implications that must be considered when you draft a Share Buyback Agreement.

Barnard Inc have been invited to join the International Commercial Law Alliance (ICLA) as its exclusive South African representative, the second Africa-based law firm to join the network of law firms.

Danish toymaker Lego wrote a letter to Culper Precision demanding that it stop producing the gun which looks like it’s covered in Lego bricks.

George Herbst discusses business insurance and recovering of looted items in the wake of recent widespread looting and violence.

It is vital that the estate and complex managers look into the security safeguards of the personal information processed by operators and conclude the necessary data privacy agreements with the relevant security companies.

A recent decision of the Supreme Court of Appeal, handed down on 13 April 2021, will have a material impact on South Africa’s insurers, requiring them to review their policies.

Barnard Inc. is pleased to announce that Douw Breed has been included in the 2021 Edition of The Best Lawyers in South Africa.

A recent decision of the Supreme Court of Appeal, handed down on 13 April 2021, will have a material impact on South Africa’s insurers, requiring them to review their policies.

Liquidation implies that a business is not able to pay its debt and that the company’s liabilities now exceed its assets. The liquidation of a company further entails that the company will cease to operate and that is generally due to the company’s financial problems.

If your child is being bullied at school, they will need lots of love and support, both at home and at school. But what happens when the bullying escalates?

After an eleven-year long legal struggle, the North-West High Court found a resort owner responsible for the death of a toddler after he was swept away in a river flood.

The transfer of ownership of a property, from the seller to the purchaser, can be a nerve-wracking process. Here are the 15 steps to a successful transfer process.

Settlement agreements are a useful alternative to settling a dispute between parties without resorting to litigation or adjudication by a Court.

If you want to formalise your relationship without getting married, you can enter into a cohabitation agreement that will address aspects like financial interests, living expenses, property ownership and children while you are together, and in the event of the relationship break-up or dispute.

The process of liquidation involves a company (or close corporation) ceasing all trading activities, selling its company assets and then distributing the proceeds to its creditors. There are two options for the voluntary winding-up of a solvent business.

How much does it cost to divorce? How long does the divorce process take? How do I initiate divorce proceedings? Your questions answered.

Divorces are always difficult for everyone involved and they can become that much more arduous when either spouse owns or is part of a business.

Companies should take proactive steps by engaging legal advisors who can carry out independent governance risk audits – including practical advice to company directors and boards on the effective implementation of governance actions.

The child maintenance system in South Africa ensures that children of a marriage or long-term relationship will be financially supported by their parents once the split is finalised.

According to the International Trademark Association (INTA), trademark applications comprising the terms “coronavirus,” “COVID-19,” and other associated words have flooded IP offices globally.

The COVID-19 pandemic-induced lockdown in South Africa has brought the legal considerations of force majeure into sharp focus across multiple industries, particularly in engineering and construction circles.

Intellectual property rights are an obvious consideration for tech entrepreneurs who should define and protect their IP with registrations and documentation, especially when working with multiple third parties.

The now-familiar stresses of lockdown – financial pressures, lack of escape from each other, conflicts over the kids, conflicts over chores, lack of exercise – have forced many couples to reconsider how they really feel about their partners.

The current continued climate of economic uncertainty, exacerbated by COVID-19 lockdowns, is likely to give rise to an increase in shareholder activism and potential disputes.

President Cyril Ramaphosa has returned the controversial Copyright Amendment Bill and the Performers’ Protection Amendment Bill to the National Assembly for review.

There is a heavy burden on employers to ensure a risk-free return to work for their employees. Associate, Chanique Rautenbach recommends that companies share the burden of compliance with their labour law advisers and then develop a well-defined work readiness playbook before venturing further into the new normal.

High Court says current Disaster Management Regulations create a Constitutional Crisis. Those regulations must be amended with due consideration to the limitation each has on the rights guaranteed in the Bill of Rights contained in the Constitution.

Business rescue expert, Koos Benadie, answers frequently asked questions relevant to business rescue proceedings in South Africa

The pandemic lockdowns have affected the way we do official business. The Electronic Communications and Transactions Act 25 of 2002 (ECTA) provides clarity on the topic of electronic transactions, including electronic signatures.

So you’ve have made the decision to sell your property without the assistance of an estate agent and you’ve marketed your home on various social media platforms. What happens once you have an interested buyer? Our property team answers your questions.

A will is a legally binding document that declares your wishes relating to your property should you die. If you have a valid will when you die, your estate will be divided between your beneficiaries as specified in your will. If you die without a will or a valid will, your property will be divided following the provisions of the Intestate Succession Act.

Setting up a beneficial partnership agreement with another business is essential. However, it can be complicated to set up, since it offers plenty of opportunities for mistakes.