Browsing Research Articles (Mercantile Law) by Title

Deductibility of royalties: a recent case that ruffled feathers [Discussion of the judgment of Waglay J in case number 11454 in the tax court]

Du Plessis, I. (Juta Law Publishing, 2006-01)

INTRODUCTION: The Tax Court, sitting in Cape Town, recently had occasion to consider the deductibility of royalty payments.1 In general it may be said that royalties are payments for the use of another’s intellectual ...

Deregistrasie sonder likwidasie van maatskappye en beslote korporasies ingevolge die 2008 Maatskappywet

De Lange, S.; Sutherland, P. J. (Juta Law Publishing, 2014-01)

It is practically desirable that inactive companies are removed from the companies register. This should also be the main reason for the deregistration of companies that have not gone through winding-up. However, procedures ...

Developing the law on unlawful squatting and spoliation

Van der Walt, A. J. (Juta Law, 2008-01)

The Supreme Court of Appeal (SCA) made it clear from the outset that it was determined somehow to rectify the situation. The court pointed out that the illegal eviction did not merely violate the constitutional and statutory ...

The duty of care and skill, and reckless trading : remedies in flux

Stevens, Richard; De Beer, Philip (SA Mercantile Law JournalJuta and Company, 2016-06)

In terms of South African common law, directors of companies have two duties. First is fiduciary duties, which do not require fault for liability (a form of strict liability). Second is the duty of care and skill, which ...

The Electronic Communications and Transactions Act 25 of 2002 : facilitating electronic commerce

Coetzee, Juana (Juta Law, 2004-01)

INTRODUCTION: The development of new technology expanded the ways and means of concluding a contract beyond the traditional methods of oral or written agreement. The Internet enables businesses and entrepreneurs to communicate ...

Employment discrimination law into the future

Garbers, Christoph; Le Roux, Peter (Juta Law, 2018)

Important amendments to the Employment Equity Act 55 of 1998 (“EEA”) were introduced in 2014, notably conferring jurisdiction on the Commission for Conciliation, Mediation and Arbitration in employment discrimination cases, ...

The Employment Equity Act, 1998 (and other myths about the pursuit of equality, equity and dignity in post-apartheid South Africa) (Part 1)

Louw, Andre Mouton (2015)

The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ...

The Employment Equity Act, 1998 (and other myths about the pursuit of equality, equity and dignity in post-apartheid South Africa) (Part 2)

Louw, Andre Mouton (2015)

The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ...

The enforceability of tenants rights (part 1)

Van Der Walt, A. J.; Maass, S. (Juta Law, 2012-01)

The purpose of the article is ultimately to align our current understanding of the nature of tenants' rights, according to basic common-law property principles, with their nature and role in the new constitutional dispensation. ...

The enforceability of tenants rights (part 2)

Van der Walt, A. J.; Maass, S. (Juta Law, 2012-01)

In terms of the doctrine of notice the holder of an unregistered real right is protected to the extent that the right can be enforced against outside parties on the basis of their prior knowledge of it. The doctrine ...

Ensuring contractual fairness in consumer contracts after Barkhuizen v Napier 2007 5 SA 323 (CC) - part 2

Sutherland, P. J. (Juta Law Publishing, 2009-02)

Barkhuizen v Napier 2007 5 SA 323 (CC) has important implications for insurance law, contract law in general, and an understanding of the interface between private common law and the Bill of Rights. In this matter an ...

Ensuring contractual fairness in consumer contracts after Barkhuizen v Napier 2007 5 SA 323 (CC) – Part 1

Sutherland, P. J. (Juta Law Publishing, 2008-03)

Barkhuizen v Napier 2007 5 SA 323 (CC) has important implications for insurance law, contract law in general, and an understanding of the interface between private common law and the Bill of Rights. In this matter an ...

Excess "other insurance" clauses : to contribute or subrogate? [Discussion of Samancor Ltd v Mutual & Federal Insurance Co Ltd 2005 4 SA 40 (SCA)]

Cupido, Durand M. (Juta Law Publishing, 2009-02)

Insurers typically insert "other insurance" clauses in order to specify how their policies should interact with other policies covering the same risk. This enables insurers to avoid situations of double insurance and, ...

The expediency of including claims based on disablement caused by sexual harassment in South Africas system of workers compensation

Malherbe, Kitty; Calitz, Karin (Juta Law, 2016-12)

This article investigates whether it is feasible to include compensation for disablement arising from a psychological disorder caused by sexual harassment in the South African workers’ compensation system. The authors argue ...