Articles

Private Prosecution: Neighbours at War

“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation. So, what happens if you believe that you are the victim of a […]

What’s the Normal Retirement Age? It’s Complicated, as The Plumber’s Tale Proves

“When cognitive capacities are the focus, the 70s are the new 50s.” (IMF) Fake news articles suggesting that South Africa was implementing a new standard retirement age policy, supposedly from 30 May this year, recently went viral on social media. Convincingly structured to look realistic (AI’s dark hand there?), the articles suggested that 65 is […]

We Are Not Lawyers, We Are Human

“What do lawyers use for birth control? Their personalities.” – Unknown In the eyes of the public, lawyers often carry a reputation of being sharp, strategic, and relentless — and rightly so. The legal profession demands precision, resilience, and unwavering commitment to the cause. But behind every advocate’s robe, every courtroom argument, and every drafted […]

How to Avoid Fighting Over the House – A Guide for Life Partners

“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile […]

Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren

“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s attempts to have contact with her two grandchildren in the face […]

Restraint of Trade: Fatal Vagueness Means no Father Christmas to the Rescue

“The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long term, but the reality is that a degree of employee churn is […]

The Perspective Puzzle

Perspective is a funny thing. Take the countless public holidays in April for example. Everyone loves them, until you’re a small business owner caught in the chaos of deadlines, missed opportunities and non-existent productivity. For employees? The perfect excuse to binge Netflix and sleep in. For bosses? It’s the headache that keeps you up at […]

Can a Body Corporate Cut the Power? It’s Complicated

“A body corporate’s lot is not an easy one.” (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good news for trustees is that it just became a […]

Fixed Term Contracts: A Guide for Employers and Employees

It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements. What is a fixed term contract? A fixed term contract is a temporary employment arrangement with a specified start date and an agreed end date. This could be a fixed end date or a […]

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