Tag ArchivesSchoeman Tshaka Attorneys

Draft Consumer Goods and Services Sector Code of Conduct – Consumer Protection Act 61 of 2008

On the 3 October 2014, the Department of Trade and Industry (DTI) published the draft code of conduct for the consumer goods and services industry in Notice 850, Government Gazette 38058 for public comment. The deadline for comments is said to be the 3 November 2014.

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The line between lawful disclosures and confidentiality – how businesses and employees should protect themselves

Managing the disclosure of information effectively in your business is not a nicety, but absolutely non-negotiable, in my view. It may prove to be difference between maintaining your ‘’competitive edge’’ and untainted reputation and the failure of your business.

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The Validity of a Fideicommissum condition in a will

If a testator provides in his will that for example his farm should go to his son B, on condition that the farm goes to B’s son C, upon B’s death. If B should pass away, the farm has to be transferred to C in terms of the fideicommissum condition and not according to B’s own will. In this instance the testator creates a fideicommissum with regards to his farm. B is known as the bare dominimum owner and C is known as the fiduciary.

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In Duplum Rule – Statutory vs Common Law Interpretation

The in duplum rule originated in Roman law and has been implemented in South African law since 1830. In duplum means “double the amount”. In terms of the common law the in duplum rule is as follows: where the total amount of arrear and unpaid interest has accrued to an amount equal to the outstanding capital sum, interest ceases to run, but any payment made by the debtor thereafter will lead to the amount of interest decreasing after which interest again starts to accrue to an amount equal to the outstanding capital amount.

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Compensation for Occupational Injuries and Diseases Act

The Compensation for Occupational Injuries and Diseases Act (“COIDA”) provides for compensation for disablement and/or injuries caused by injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases. COIDA applies to all casual and full time employees, who as a result of a workplace accident or work-related disease are either injured, killed or become ill. Only the employers, and not the employees, contributes to the compensation fund.

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