Mediate rather than litigate
Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, when utilised in law, is a form of alternative dispute resolution. Parties that are involved in a dispute may choose the mediation process to resolve the issues between them, either before […]
POPIA’s eight conditions for collecting and processing personal information
Data is everywhere. In fact, because of the nifty autosave setting on the word processer used for writing this sentence, new information is being added to the Internet as it is typed. Every day we are engaging in hundreds or even thousands of little data exchanges. When we take stock of these minute transactions, it’s […]
Rehabilitation in all its shapes and sizes
Being sequestrated by an order of the High Court has a myriad of adverse consequences that could have an inhibiting effect on an individual and his/her freedom to transact and build a new life. The Insolvency Act 24 of 1936 (“the Act”) makes provision for a sequestrated person to be rehabilitated under certain circumstances so […]
Think twice before you simply accept those Ts & Cs
In recent years the internet has transformed the commercial landscape and redefined the way we do business. The movement away from traditional paper and ink has led to the electronification of everything, including the conclusion of contracts. Online shopping, signing up for Uber, creating a Facebook profile – all subject to the familiar “I have read […]
When contract breach is out of your control
The novel coronavirus, also known as COVID-19, has caused major disruptions worldwide since its outbreak in December 2019 in Wuhan, China. The virus has also recently spread to South Africa and our government has reacted swiftly by introducing a state of emergency and promulgating certain regulations. Restrictions initially only limited the number of people who […]
What are your rights when it comes to forced COVID-19 testing?
As the COVID-19 pandemic is spreading across the globe, Minister of Health, Zweli Mkhize has expressed his concern that there is not enough testing being done in South Africa. By the 14th of April, 83,663 tests had been conducted in South Africa according to www.worldometers.info. During the early stages of this pandemic, it was far clearer […]