As of 9 January 2019, and estimated 402 141 students were enrolled in the 1966 independent schools scattered throughout South Africa.[1] As such, 3% of all students are in attendance at independent schools. No statistic could be found indicating how many students left the independent school curriculum. However, case law suggests independent schools have the […]
Contract Drafting
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Restrains of trade: confidentiality and the protectable interest – key ingredients to effective enforcement
Restraints of trade have become an almost automatic inclusion in many agreements. The driver behind this is the protection of commercially sensitive and confidential information. Furthermore, to prevent any unlawful competition or an unfair advantage being leveraged in the market. With that being said, a recent labour appeal court case has made us question its […]
When can you be held personally liable within your company and how can this be brought about?
Introduction When a corporation is registered, an individualistic entity separate from that of its shareholders is created. This enables the corporation to function under its own name, as a juristic person. This separation is deemed ‘the corporate veil’. However, although incorporation can provide for the limitation of liability of those persons behind the company, this […]
Dispute Resolution in the Age of the Fourth Industrial Revolution
“Whoever controls the courts, controls the state.” Aristotle The courts of ancient Athens were fundamentally democratic with tens, hundreds and in some instances thousands of jurors adjudicating trials. There was no Judge, which role was taken up by the pool of jurors adjudicating at that time. One of the founding principles held dear by Athenians […]
ENAC: Can a party withhold their own performance where the other party has failed to perform?
Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other party has not performed properly? To illustrate, by way of a simple example, […]
