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Section of Divorce Act dealing with distribution of assets declared unconstitutional
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.
12th May 2022 -
Court says there’s no way around PAIA for Steinhoff Holdings
The High Court has ordered Steinhoff to share a PwC forensic probe into accounting fraud with the media after the company refused PAIA requests.
12th May 2022 -
Can a last will override beneficiary nomination?
Many policy holders are unclear as to the relationship between beneficiary nomination and their last registered will.
11th May 2022 -
Sasria has reclassified farming equipment in terms of insurance cover
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
5th May 2022 -
“Like something out of Star Wars” – Teenager invents mind-controlled prosthetic arm
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.
4th May 2022 -
The high and low road scenarios for South Africa according to Magda Wierzycka
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.
29th Apr 2022 -
Sole-crushing defeat for Christian Louboutin brand in Japan
Trademarks are not merely for logos and brand names but could take the form of, amongst others, colour, smell, container, or shape.
28th Apr 2022 -
Will South Africa’s Information Regulator scrutinise Meta’s ‘data play’?
It will be interesting to see if the Information Regulator, established in terms of POPIA, will take its own steps against WhatsApp.
25th Apr 2022 -
Legal Considerations in the Brand and Influencer Relationship
Many companies are turning to social media influencers to raise their brand awareness and build a more favourable reputation.
22nd Apr 2022 -
Cooking with oral agreements? Spur Corporation faces massive damages claim
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.
21st Apr 2022 -
Insurers’ narrow approach to their own reasonable precautions clause could prove risky
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.
20th Apr 2022 -
Hlaudi’s DStv deal haunts AfriForumTV’s launch, but copyright takedown is inconsistent
DStv had YouTube take down the launch video of a new Afrikaans streaming service based on a suspicious copyright claim.
14th Apr 2022 -
These are the types of cyber attacks that must be reported to the Information Regulator
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.
13th Apr 2022 -
Whaddya mean Megan owns it already?!
Dwayne “The Rock” Johnson is under threat of potential legal action for brand infringement after being threatened by Megan Rapinoe.
12th Apr 2022 -
Fuel price deregulation, smoke screen or real solution?
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.
11th Apr 2022 -
Mailchimp data hack another shot across the bow of government and cybersecurity agencies
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. .
8th Apr 2022 -
Even with Elon’s edit button, you could still be sued for what you post on Twitter
Social media users should be cautious when publishing on Twitter, even if an option to edit retrospectively is added as a functionality in future.
7th Apr 2022 -
Covid-19 state of disaster ended by Government
It remains to be seen if the official end to the national disaster will indeed have any significant practical impact on the economy.
6th Apr 2022 -
Why changing your domicilium address when you relocate is important
When parties conclude a contract, it is common practice for a “domicilium” clause to be included in the contract.
5th Apr 2022 -
Do you know if you actually own the logo that your designer made for you?
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.
4th Apr 2022 -
TikTok data deal with Oracle aims to quiet U.S. privacy concerns
TikTok is nearing a data storage deal with Oracle hoping to address U.S. regulatory concerns over data integrity.
4th Apr 2022 -
Can a contract ever be non-cancellable?
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?
1st Apr 2022 -
Latest action by Johannesburg and SAPS sends a strong message to building hijackers
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.
31st Mar 2022 -
South Africa’s unemployment rate at a record high – is Covid-19 still to blame?
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.
30th Mar 2022 -
Rule 22 and Piecemeal Pleadings
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.
29th Mar 2022 -
Financial services ombud agrees to review adverse determination
The FAIS ombud has agreed to reconsider the adverse determination against Jan Labuschagne Makelaars CC and Jan Harm Labuschagne
29th Mar 2022 -
National Infrastructure Plan implementation approved by Cabinet
Cabinet has approved the National Infrastructure Plan implementation and the gazetting of the LPG rollout strategy.
28th Mar 2022 -
The TransUnion data breach and the duties of the Information Regulator
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.
25th Mar 2022 -
Are compulsory licenses an alternative to Covid-19 patent waivers?
Should Covid-19 vaccine patent waiver negotiations fail, legislation in South Africa provides for compulsory court-order licenses.
24th Mar 2022 -
Despite a tough economic environment, equipment group digs in
Capital Equipment Group Group has maintained its success in the South African construction industry despite challenging economic conditions.
23rd Mar 2022 -
Delinquent Municipalities. Court sides with Eskom
The SCA has ruled in favour of Eskom and affirmed the electricity supplier’s right to payment for its services rendered to municipalities.
22nd Mar 2022 -
Delays in the winding up of a deceased estate | Date your Will
A critical starting point for the smooth and efficient winding up of a deceased estate is a valid, well-drafted and original will.
17th Mar 2022 -
Is Joburg’s attempt to charge a levy on Property Developments Legal?
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.
17th Mar 2022 -
Kulula, BA Suspension | Is Comair flying into a possible damages storm?
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.
16th Mar 2022 -
Meta referred to Competition Tribunal for prosecution
The Competition Commission referred to the Competition Tribunal for prosecution the social media group, Meta Platforms Inc for abuse of dominance.
15th Mar 2022 -
Court orders Children’s Act amendment
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.
15th Mar 2022 -
Listen: What’s in a Surname?
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.
14th Mar 2022 -
Is the latest DStv streaming policy change legal?
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.
10th Mar 2022 -
High Court judgment addresses the sale of repossessed properties
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.
10th Mar 2022 -
How the new Property Practitioners Act will impact Property Developers
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
25th Jan 2022 -
Due Diligence | The What, The Why and The When
Whether you’re buying another company, selling off a division of your company or entering a new alliance, transactions have become increasingly multi-faceted.
19th Jan 2022 -
He who controls the spice controls the universe. But not the copyright.
NFT group spends a whopping R47-million on a rare copy of ‘Dune’, falsely believing it gives them copyright.
18th Jan 2022 -
Koos Benadie named to 2022 global Best Lawyers™ list
Barnard Inc. is pleased to announce that Koos Benadie has been included in the 2022 Edition of The Best Lawyers in South Africa.
23rd Nov 2021 -
Dealing with Disappearing Debtors and Empty Shells
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.
23rd Nov 2021 -
Dispositions made by a company that is being wound up | The court’s role
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.
22nd Nov 2021 -
All tied up in knots | Santam vs Ma-Afrika Hotels
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
8th Oct 2021 -
Determining the Best Debt Collection Approach
It is vital that any business, especially those offering products or services on credit, manage their debtors effectively, particularly in matters of payment terms.
30th Aug 2021 -
Share Buyback Agreements
There are a number of tax and legal implications that must be considered when you draft a Share Buyback Agreement.
3rd Aug 2021 -
Barnard Incorporated joins prestigious global law alliance
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.
29th Jul 2021 -
Lego brings their trademark to a gunfight
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.
27th Jul 2021 -
Can my business reclaim looted goods from the police?
George Herbst discusses business insurance and recovering of looted items in the wake of recent widespread looting and violence.
26th Jul 2021 -
Building and Estate Security | The POPI Requirements
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.
24th May 2021 -
Are you sure you own your logo?
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.
18th May 2021 -
Barnard Inc. Lawyer named to 2021 Best Lawyers™ List
Barnard Inc. is pleased to announce that Douw Breed has been included in the 2021 Edition of The Best Lawyers in South Africa.
10th May 2021 -
Supreme Court ruling will prompt insurers to amend their policies
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.
3rd May 2021 -
The Liquidation Application Process
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.
19th Apr 2021 -
The “Big School” Bullies | Are there legal steps when bullying gets out of hand?
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?
16th Apr 2021 -
High Court finds resort owner responsible for toddler’s 2010 drowning
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.
30th Mar 2021 -
How does the Property Transfer process work?
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.
12th Mar 2021 -
When Settlement Agreements become a crime
Settlement agreements are a useful alternative to settling a dispute between parties without resorting to litigation or adjudication by a Court.
22nd Feb 2021 -
Cohabitation Agreements
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.
6th Feb 2021 -
Voluntary liquidation in South Africa
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.
7th Jan 2021 -
Divorce: Your Questions Answered
How much does it cost to divorce? How long does the divorce process take? How do I initiate divorce proceedings? Your questions answered.
4th Jan 2021 -
How to Protect Your Business in a Divorce
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.
4th Dec 2020 -
Lessons for boards and directors from the Zondo Commission
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.
1st Dec 2020 -
The Child Maintenance process in South Africa
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.
17th Nov 2020 -
Covid Hair Don’t Care! And other strange pandemic trademarks
According to the International Trademark Association (INTA), trademark applications comprising the terms “coronavirus,” “COVID-19,” and other associated words have flooded IP offices globally.
16th Nov 2020 -
Force Majeure on the fringes of the pandemic lockdowns
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.
7th Nov 2020 -
Intellectual Property solutions for Fintech Startups and Inventions
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.
5th Nov 2020 -
The effects of lockdown on SA’s divorce rate
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.
19th Aug 2020 -
Reflective Loss: Can Shareholders claim directly against Company Directors?
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.
10th Aug 2020 -
It’s back to the canvas, with new pencils, for the Copyright Amendment Bill
President Cyril Ramaphosa has returned the controversial Copyright Amendment Bill and the Performers’ Protection Amendment Bill to the National Assembly for review.
25th Jun 2020 -
Have a ‘Workplace Readiness Playbook’ for your business re-opening
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.
4th Jun 2020 -
Minister ordered to remedy irrational Covid-19 regulations
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.
3rd Jun 2020 -
Your business rescue questions answered
Business rescue expert, Koos Benadie, answers frequently asked questions relevant to business rescue proceedings in South Africa
23rd Apr 2020 -
Just how secure and legal are electronic signatures?
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.
17th Apr 2020 -
Selling your house without an estate agent’s help
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.
18th Mar 2020 -
Why your lawyer should be drafting your will
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.
17th Sep 2019 -
Tips for drawing up a watertight partnership agreement
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.
12th Feb 2019