Legal Articles

 

Legal Articles

Mandatory COVID-19 Vaccination – Your Rights as an Employee

Now that the Department of Labour issued a Directive on 11 June 2021 with regards to mandatory vaccination policies in the workplace, it is crucial for employees to know what their legal position is in this situation. This article will attempt to present a guide of general application to employees so as to outline what their legal position is in terms of mandatory vaccination in the workplace.

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The Court’s Discretionary Role on Rights to Settle Between Parties in Litigation

Firstly, it must be noted that the premise upon which the law of contract stands is of course the principle of freedom to contract. Parties are at liberty to agree and enter into any contract provided that they have capacity, consent, and that the object (subject matter) of that contract is not unlawful.

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Space and Place of Arbitration in Community Scheme Disputes

As part of its dispute resolution procedure the CSOS attempts to resolve disputes firstly through Conciliation (formal or informal) and where the dispute remains unresolved, Adjudication follows. However, there are instances where Management Rules in sectional title schemes or the Memorandum of Incorporation in Share Block Schemes provide for arbitration as a process for dispute resolution.

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Restrictions on Subdivision of Agricultural Land & What You can do About it

It might be a farmer intending to subdivide his agricultural farm to bequeath to his children, sell a portion to a third party, or even subdivide to lease over a long period. Unlike residential properties, subdivision of agricultural land is a strictly regulated area owing to the impact it might have on food security and agriculture in general.

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Permission Avoids Demolition – Local Authority Approval of Plans

What is the position with regards to renovations on a building? The default position is that the National Building Regulations in South Africa require that plans for any building or structural changes must be approved first before they are erected.

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Road Accident Fund Claim Rejected – This May be the Reason Why

Thousands of claims are lodged with the Road Accident Fund each year and while many of them do actually get paid out, a good number do not. Various reasons owe to this phenomena and despite efforts by the Road Accident Fund to conduct public awareness and road shows to educate the public, many claims still get rejected due to not meeting the requirements.

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Dissatisfied with the CSOS Order? Here is What You Can Do

It is commonplace that disputes arise in community living schemes owing to various reasons and therefore provisions must be in place to regulate dispute resolution processes between the parties involved. In the event that one party is not satisfied with the outcome of the adjudication process, this article will look at the process as to which such party may follow on appeal in pursuit of a favourable outcome.

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Consent Variation in COVID-19 Vaccination – The Case for Employees

Amongst key challenges is balancing economic activity on one hand, while ensuring that the pandemic is kept under control. In this vein, the measures in place as announced by government right from the beginning of the Lockdown Restrictions in March 2020 have had one underlying factor, that all services and economic activity which can be executed remotely, be encouraged to do so.

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The Community Schemes Ombud Service – Your Questions Answered

Time and again in our work we receive questions with regards to Community Schemes and the Schemes Ombud (CSOS).

In this brief article, we will address a few of the pertinent questions that we receive from some of our clients and members of the public at large.

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The Cost of Circumventing the CSOS – The Heathrow Property Holdings Case

In the event where more than one adjudication forum has concurrent jurisdiction, the Plaintiff is of course at liberty to proceed with the forum of their choice.

For example, where there is a dispute with regards to a contract, the Court under whose jurisdiction such contract was concluded and the Court under whose jurisdiction the Defendant is domiciled, both retain jurisdiction. Under these circumstances the Plaintiff will proceed with either of the two Courts.

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