Law News

The power of an Industry Code

The Consumer Protection Act enables industries to draft and agree a customised code of conduct, which, once accredited by the Minister of Trade and Industry, binds all of the industry ...
Read More

Nothing stops consumers from holding municipalities to account under the CPA

Since the decision in Afriforum v Minister of Trade and Industry and others [2013] 3 All SA 52 (GNP) delivered in February 2013, it is clear that for the time ...
Read More

The legal risk if you run out of stock

How many retailers, particularly online retailers, know that: if you are selling a product which may run out, and you have not specified the limitations you have in availability in ...
Read More

Hot off the press: banks liable for defects in vehicles financed by them

I am excited to report that the CPA comes through for disappointed buyers of financed cars: I have recently succeeded in recovering the losses of a consumer who bought a ...
Read More

Directors- which decisions require a shareholders’ resolution?

I recently compiled a list of typical decisions that are considered and taken by companies, dividing those decisions into *ones that directors can take on board level *ones where directors ...
Read More

Beware the trust

I recently presented a seminar on the latest developments in trust law to Chartered Secretaries Southern Africa. I was most concerned to note that there are many recent court judgments ...
Read More

So you’re in charge of compliance. How can you be sure your company is complying with a law?

I've had the experience of starting a new job where part of my responsibility was ensuring that the group of companies complied with all laws that apply to it, but ...
Read More

New style MOIs

Many of our clients have approached me with great concern regarding their company's Memorandum of Association, since, as has been widely publicised, the grace period for registration of a new ...
Read More

Sidestep the logjam at the Consumer Commission

The National Consumer Commission appears to be unable to handle the volume of complaints, and it is unusual to receive a case number before two weeks have passed, and then ...
Read More

Business rescue: major risk for the distressed company’s clients and suppliers

Business rescue is the mechanism for intervention when a company suffers financial distress in terms of the new Companies Act (Act 71 of 2008). In terms of the Act, a business ...
Read More