On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Effective reasonable dissuasive: Fines imposed under GDPR
Fines for violating provisions of the GDPR must be effective reasonable dissuasive and strict vicarious liability is not imposed, unlike section 99(2) of the Protection of Personal Information Act, 2013 (POPIA) which reads: "(2) In the event of a breach the...
read moreNe Bis in Idem principle: GDPR includes term for protection
The ne bis in idem principle (prohibiting double jeopardy) is applied in various international instruments such as the General Data Protection Regulation (GDPR). Literally translated it means ‘not twice about the same’. In principle nobody should be judged twice for...
read moreLabour relations architecture: NMW means turning point
Eddie Cottle argues that the labour relations architecture has changed with the introduction of a national minimum wage and that amending the LRA is a turning point in South Africa, but that South Africa is sitting on an industrial relations time bomb. Time will tell...
read moreWritten employment particulars: Requirements of BCEA
Significantly the Basic Conditions of Employment Act (BCEA) only requires written employment particulars to be given to employees and does not require employers to have signed employment contracts. Section 29 simply requires employers to provide all employees with...
read moreInformational self-determination: GDPR and dignity or liberty
The right to decide what to disclose about oneself is called by Germans informational self-determination according to an article by Hannah Kuchler, an FT correspondent in San Francisco, and published in the FT over the weekend: “Home truths for the Zuck era”. Excerpt...
read moreLegal writing and drafting: Tips from top professionals
Legal writing and drafting is important because plain and understandable language is now a legal requirement thanks to sec 22 of the Consumer Protection Act 68 of 2008 that came into effect 17 years ago. It will surely be of considerable use to record the advice of a...
read moreSouth Africa 40 years ago: Dealing with dismissal and divorce
Legally the two most important human relationships were treated very differently in South Africa 40 years ago. By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the majority of citizens were deprived of the...
read moreStipulatio alteri: Valid third-party contracts
Third parties may become involved in the contractual relationship between others such as stipulatio alteri (for the benefit of a third-party beneficiary). The third-party beneficiaries may claim the benefit only once they have accepted it and may sue for performance....
read moreVoid for vagueness: Approach when exception taken
Void for vagueness was considered in a recent judgment of the SCA in Loggenberg NO v Maree (286/17) [2018] ZASCA 24 (23 March 2018) and has drawn specific attention to the doctrine of vagueness, more particularly concerning the legal practice of taking exception to...
read moreFactual disputes: Correct approach to adopt
Many years ago the former SCA set out what it regarded as the correct approach to be adopted in resolving factual disputes and to assist practitioners the thrust of that judgment follows. In Stellenbosch Farmers’ Winery Group Ltd and Another v Martell et Cie and...
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